Commonwealth v. Zimmerman

Citations

• 56 Pa. Super. 311
• 1914 Pa. Super. LEXIS 84

Syllabus

<p>Appeals — Summary conviction — Evidence—Record.</p> <p>1. On an appeal from a judgment of the quarter sessions affirming a judgment of a justice of the peace in a summary conviction under the Posting Notice Act of April 14,1905, P. L.T69, the appellate court cannot consider the evidence or review the findings of fact based upon such evidence.</p> <p>Deed — Waters—Covenant running with land.</p> <p>2. A provision in a deed that “it is further agreed that the grantee is to have the privilege to fetch water at the spring of the grantor at all times,” does not create a covenant running with the land, and the grantee cannot convey such right to another person. If such person attempts to exercise the right he may be summarily convicted under the Act of April 14, 1905, P. L. 169, if the land upon which the spring is situated has been posted.</p> <p>3. Where a person goes upon the land of another in order to lay a pipe from a spring to Ms own premises, he cannot relieve himself from the charge of trespass, by asserting that he had laid a pipe from the spring twenty-three years before, if it appears that such pipe had become choked up and had not been used for twenty-one years before the entry.</p>