Witman v. Smeltzer
Superior Court of Pennsylvania
Appeal, No. 230, Oct. T., 1899, by plaintiff, from judgment of C. P. Berks Co., Feb. T., 1898, No. 18, non obstante veredicto in case of E. Witman v. Milton E. Smeltzer. Trespass for obstructing a street. Before Endlich, J. The facts are fully stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
Prior to his death, in 1895, James W. Deppen was the owner of a certain tract of real estate in the village of Wernersville. He had caused this tract to be laid out in a plan of lots and streets, and a draft or map of this subdivision to be made. He had sold lots in accordance with this plan to various purchasers. Among the streets marked and located upon this plan was one of the width of sixty feet called Elm street. At the time of his death the title to the ground over which Elm street ran and the lots which abutted thereon was still in him. By his will, which was…
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