Moore v. Neubert

Citations

• 21 Pa. Super. 144
• 1902 Pa. Super. LEXIS 325

Syllabus

<p>Waters — Licenses ■— Easement — Parol agreement — Improvements — Equity.</p> <p>A license to use water may be converted into what is in effect an easement, not upon the principie that the right passes by the parol agreement, but that whenever one party has in part executed it by payment of money, taking possession and making valuable improvements, the conscience of the other is bound to carry it into execution, and equity will compel him to do it.</p> <p>Where a person uses water from a spring on the laud of another under a parol license, and it appears that after the license was given to him he laid pipes to his own land, built a house thereon, and used the water for eighteen years, the successor in title to the owner of the spring with knowledge of the existence of the license, has no right to deprive the licensee of the use of the water.</p> <p>Practice, G. P. — Trial—Appeals—Remarks of counsel.</p> <p>A judgment on a verdict will not be reversed because of alleged improper and injurious remarks of counsel, where it appears that the verdict was modest in amount, and that the court instructed the jury to disregard the objectionable remarks of counsel.</p>