Zimmerman v. Union Paving Co.

Opinion by

Mr. Justice Stern,

The. facts are set forth in Zimmerman v. Union Paving Company, 134 Pa. Superior Ct. 373. For present purposes they may be briefly stated as follows: In 1923 William C. Umbenhauer, owner of a tract of land, deeded to plaintiff a small portion of it, two hundred feet square, “Together with the .right of way to conduct the water from the Lutz’s Spring on land of party of the first part [Umbenhauer] through a tw;o inch pipe to premises of the party of the second part [Zimmerman], . . . Also for the said party of the second part to get his water at another spring near…