Lindenmuth v. Safe Harbor Water Power Corp.

Opinion by

Mr. Justice Maxey,

On June 4, 1902, David Fry and wife granted by an agreement recorded January 25, 1906, to John M. Wit-mer, his heirs and assigns, “the right at any and all times hereafter to cause by the erection of dams or other works the water of the Susquehanna Eiver to flow back upon or be withdrawn from Fry’s land” (along which the Susquehanna Eiver flowed), “together with all of the rights, easements, privileges and appurtenances in and to said lands which will be required or needed for the full enjoyment of the right of backing and flowage.” This grant was preceded by a…