Houck v. New Holland Borough

Schaeffer, P. J.,

This is a rule for judgment of non pros in an action of trespass brought December 2, 1930, to recover damages for an alleged diversion or diminution of water in a stream running through plaintiff’s pasture land, in a mill race leading to plaintiff’s mill, and in plaintiff’s well, averred to have been caused by defendant’s taking of certain springs.

Plaintiff’s statement of claim was filed on September 23,1932. No further action was taken in the case until April 1, 1936, when the present counsel entered his appearance for plaintiff and the latter placed the case on the trial…