Lackawanna Mills v. Scranton Gas & Water Co.

Opinion by

Mr. Justice Sadler,

The Lackawanna Mills and the Scranton Button Company are owners of parts of a tract of land in the City of Scranton, known as Block 4. For many years the factories, located upon the property, had secured their water supply by pumping from Stafford Meadow Brook. The Scranton Gas & Water Company desired to make use of the stream and, on April 17, 1888, entered into an agreement with the then owner, Connell & Company, by which the privilege of constructing a dam was granted, with the right to use the surplus flow. In consideration, it was agreed a pipe should be laid…