Jackson v. Bellamy

No extended discussion is justified in the determination of this error proceeding. The plaintiff was not entitled to the relief prayed for, for the following reasons:

1. The record discloses the pipe is in the roadway. The description in her deed to the abutting property is only to the north boundary of the roadway.

In the case of Oberhelman v Allen, 7 Oh Ap 251, it is stated in the opinion:

“The rule that proprietors presumptively own the fee of the soil under that half of the road which is contiguous to their lands is founded on the presumption that the land covered by the highway was…