Black v. Pittsburg & Butler Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 221, April T., 1907, by defendant, from decree of C. P. Butler Co., Equity Docket No. 2, Sept. T., 1906, on bill in equity in case of E. A. Black et al. v. Pittsburg & Butler Street Railway Company. Bill in equity for an injunction.
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Appeal, No. 221, April T., 1907, by defendant, from decree of C. P. Butler Co., Equity Docket No. 2, Sept. T., 1906, on bill in equity in case of E. A. Black et al. v. Pittsburg & Butler Street Railway Company. Bill in equity for an injunction. Galbbeath, P. J., filed the following opinion: FINDINGS OF FACT. 1. About the year 1872 Moses Sullivan and Walter L. Graham were the owners of a tract of land in the borough of Butler count]1-, Pennsylvania, containing about four acres, being the four acres described in plaintiffs’ bill, which they laid out into lots according to a plan which provided…
1Opinion of the Court
Per Curiam,
It is settled by numerous decisions “ 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.” One of the latest decisions of the Supreme Court, in which the rule as above stated has been enunciated, is Garvey v. Refractories Company, 213 Pa. 177. The question involved in this appeal is whether this right of the grantee and those who claim under him, arising out of the implied covenant of his deed running…
2Cases cited3 opinions
- Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
- Carroll v. AsburySuperior Court of Pennsylvania · 1905
- Wickham v. TwaddellSuperior Court of Pennsylvania · 1904
3Cited by1 opinion
- Cohen v. Simpson Real Estate Corp.Supreme Court of Pennsylvania · 1956