Diehm v. New Holland Borough

Opinion by

Baldrige, J.,

The defendant has appealed from a judgment for $1,250 obtained by plaintiff in an action of trespass.

The plaintiff is the owner of a farm in Lancaster county, through which runs a stream, known as Mill Creek, from which he obtains water .for domestic purposes, stock, and for other uses in connection with the conduct of his farm. Mill Creek rises in the Welsh mountains and is fed by a number of contributory streams.

The defendant, in 1930, purchased a tract of land about a mile and a half east of plaintiff’s property, on which are located the Miller springs. The plaintiff…