Schmitt v. Carbondale
Supreme Court of Pennsylvania
Appeal, No. 366, Jan. T., 1916, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1916, No. 12, in equity, refusing an injunction in case of W. H. Arthur Schmitt v. City of Carbondale; James B. Murrin, Mayor; Frank J. O’Boyle, Chief of Police. Bill in equity for an injunction. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed.
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Appeal, No. 366, Jan. T., 1916, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1916, No. 12, in equity, refusing an injunction in case of W. H. Arthur Schmitt v. City of Carbondale; James B. Murrin, Mayor; Frank J. O’Boyle, Chief of Police. Bill in equity for an injunction. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed. Errors assigned were in dismissing exceptions to various findings of fact and law, and the decree of the court. —The unrecorded map found in the office of the D. & H.…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit in equity involves the question of the location of the line of a public highway.
Prior to 1843, the Delaware & Hudson Canal Company was the owner of a tract of land in the village, now city, of Carbondale, and in plotting the same a triangular piece of land was left open for public use as a park, and known as “the Parade.” It is shown, with well defined boundaries, on an ancient map in the possession of the company. Lots appear on the map, which were conveyed bounded by the Parade. For nearly fifty years, prior to 1890, the Parade was used generally by…
2Cases cited7 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- State RoadSupreme Court of Pennsylvania · 1912
- McGuire v. Wilkes-BarreSuperior Court of Pennsylvania · 1908
- Smucker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1898
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3Cited by4 opinions
- Easton v. KochSuperior Court of Pennsylvania · 1943
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Ryman v. Borough of GirardSuperior Court of Pennsylvania · 1919
- Dutch Corner Historical Society v. StahlCommonwealth Court of Pennsylvania · 2013