Whitney v. Welshans
Superior Court of Pennsylvania
Appeal, No. 7, Feb. T., 1912, by plaintiffs, from judgment of C. P. Lycoming Co., March T., 1909, No. 164, on verdict for defendant in case of Josephine Whitney et al. v. Joseph W. Welshans. Trespass to recover damages for the maintenance of a house in a dedicated but unopened street. Before Hart, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiffs appealed.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal by plaintiffs from judgment on verdict in favor of defendant in an action of trespass in which the plaintiffs alleged the maintenance, by the defendant, of a house in a dedicated but unopened street appurtenant to plaintiffs’ land. The land in dispute was part of a *425larger tract that at one time was plotted into lots and streets by the owner, and amongst the latter was Eldred street. This map or plot was not recorded, the streets were not opened or marked on the ground, and it does not positively appear that defendant or those under whom he claims were…
2Cases cited4 opinions
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Yeakle v. NaceSupreme Court of Pennsylvania · 1837
- Spackman v. SteidelSupreme Court of Pennsylvania · 1879
- Clymer v. RobertsSupreme Court of Pennsylvania · 1908
3Cited by2 opinions
- Mitchell v. BovardSupreme Court of Pennsylvania · 1924
- Aldine Realty Co. v. Manor Real Estate & Trust Co.Supreme Court of Pennsylvania · 1929