Legal Opinion

In re Opening of Pearl Street

Supreme Court of Pennsylvania

Decided February 1, 1886PublishedCited by 20 opinions

Certiorari to the Court of Quarter Sessions of Philadelphia county: Of January Term, 1885, No. 351. The record showed the following: May 23d, 1883, on petition, the court appointed a jury of six to view and report upon the propriety of opening Pearl street.

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Certiorari to the Court of Quarter Sessions of Philadelphia county: Of January Term, 1885, No. 351. The record showed the following: May 23d, 1883, on petition, the court appointed a jury of six to view and report upon the propriety of opening Pearl street. This juiy qualified, proceeded to perform their duties, and reported to the court February 21st, 1884, that “ in their judgment the state of improvements in the neighborhood, as well as the convenience of adjacent properties, make it necessary and proper that the said Pearl street should now be opened upon the lines laid down upon the city…

1Opinion of the Court

The opinion of the court was filed February 1st, 1886.

2Per curiam

The evidence was sufficient to prove a dedication of the street to public use: Trutt v. Spotts, 87 Pa. St., 341; Transue v. Sell, 14 W. N. C., 397.

*572To bold otherwise would enable the proprietor of a body of lands which he sells in lots to perpetrate a gross fraud. When he sells and conveys the lots according to a plan which shows them to be on streets, he must be held to have stamped upon them the character of public streets.

Not only can the purchasers of lots abutting thereon assert this character, but all others in the general plan may…

3Cited by20 opinions

  1. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  2. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
  3. Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
  4. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
  5. Martinez v. Succession of VivesSupreme Court of Louisiana · 1880

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