New York Court of Appeals

Andrew T. Huyck, as Administrator v. Thomas M. Andrews, Appellant

March 12, 1889113 N.Y. 81

Summary

The Court affirmed the judgment for the plaintiff, holding that an easement authorizing the erection and use of a dam and water on the conveyed land breaches a covenant against incumbrances, that the grantee's knowledge of the easement is no defense, and that damages are measured by the difference in land value with and without the easement. The Court also affirmed the exclusion of testimony on the dam's value as irrelevant to damages.