Garvey v. Harbison-Walker Refractories Co.
Supreme Court of Pennsylvania
Appeal, No. 40, Oct. T., 1905, by defendant, from decree of C. P. Cambria Co., March T., 1903, No. 1, on bill in equity in' case of Bernard Garvey v. HarbisonWalker Refractories Company. Bill in equity for an injunction. Before O’Connor, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 40, Oct. T., 1905, by defendant, from decree of C. P. Cambria Co., March T., 1903, No. 1, on bill in equity in' case of Bernard Garvey v. HarbisonWalker Refractories Company. Bill in equity for an injunction. Before O’Connor, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was the decree of the court commanding the defendants to remove all fences, railroad tracks, brickkilns, sheds, offices, scales, buildings and obstructions on or along Tibbott street, and a .neighboring alley.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
It is settled by numerous decisions of this court that a sale of lots according to a plan which shows them to be on a street implies a grant or covenant to the purchaser that the street shall be forever open to the use of the public and operates as a dedication of it to public use: Transue v. Sell, 105 Pa. 604; Quicksall v. Philadelphia, 177 - Pa. 301. The proprietor cannot revoke the dedication, and the purchaser of a lot abutting on one of the streets as well as all other persons owning lots in the general plan may assert the public character of the street…
2Cases cited9 opinions
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Hill v. EpleySupreme Court of Pennsylvania · 1858
- Manbeck v. JonesSupreme Court of Pennsylvania · 1899
- Transue v. SellSupreme Court of Pennsylvania · 1884
- In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886
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3Cited by22 opinions
- Boise City v. HonIdaho Supreme Court · 1908
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Stoever v. GowenSupreme Court of Pennsylvania · 1924
- Tesson v. Porter Co.Supreme Court of Pennsylvania · 1913
- Titusville Amusement Co. v. Titusville Iron Works Co.Supreme Court of Pennsylvania · 1926
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