Messerschmidt v. Fritz

Citations

• 63 Pa. Super. 430
• 1916 Pa. Super. LEXIS 183

Syllabus

<p>Deeds — Reservation—Waters—Case for jury.</p> <p>Where an owner of two adjoining tracts of land conveys one tract reserving the right to build and maintain thereon a small reservoir “for the purpose of securing water for family use from a stream flowing through the said land,” and a subsequent owner of the land conveyed, claiming that the reservation in the deed was limited to a certain small stream, and did not include the flow of the water from a spring nearby, constructed a concrete well around the spring and thereafter the flow from the older reservoir was reduced from two inches to less than half an inch, and the evidence is conflicting as to whether the flow of the water from the spring contributed to the supply of water in the older reservoir, the question as to whether it did so contribute, is a question for the jury.</p>