52 Pa. Super. 647 | Pa. Super. Ct. | 1913
Opinion by
The plaintiff’s right to take water from Caldeno Creek rests on the grant contained m the deed of the Delaware Water Gap Land & Improvement Company to William Erwin dated August 17, 1898. For several years prior to that date the improvement company had had in operation a water system the source of supply for which was the same creek at a place leased from Staples above the land of that company. From a reservoir constructed on its land the improvement company laid pipes along some of the streets of the borough which were in use as water conduits when Erwin acquired title. The grant to the latter included “the full and free right of constructing and maintaining a dam in said creek and the pumping of water if necessary by hydraulic or steam power, and conducting
The appeal'is dismissed and the decree affirmed at the cost of the appellant;