Leona Heyert, Respondent v. Orange and Rockland Utilities, Inc., Appellant

Summary

The New York Court of Appeals affirmed the lower courts, holding that a highway easement does not include the right to lay gas mains beneath the street and that the plaintiff is entitled to compensation for the unauthorized taking; the opinion also notes that the rule is longstanding and should not be altered absent legislative action. Chief Judge Desmond dissented, arguing that the easement should include such subsurface utilities and that any award should be nominal, while Judge Keating concurred on the affirmation but emphasized legislative prerogative to change the rule.