Zimmerman v. Union Paving Co.

Opinion by

Stadtfeld, J.,

This is an appeal by defendant- from the judgment entered on a verdict in favor of plaintiff for damages alleged to have been sustained as a result of the destruction of a spring.

For many years, William C. Umbenhauer owned a large tract of land in Pine Drove Township, Schuylkill County. In September 1923, he conveyed by warranty deed, a small portion of this tract being 200 feet square, to the plaintiff. The deed from Umbenhauer gave the plaintiff the right to conduct water from “Lutz’s Spring” (situate on property retained by Umbenhauer) to the plaintiff’s property…