Downing v. Coatesville Borough
Supreme Court of Pennsylvania
Appeal, No. 263, Jan. T., 1905, by plaintiff, from order of C. P. Chester Co., Jan. T., 1905, No. 74, refusing to take off nonsuit in case of Annie S. Downing v. Coatesville Borough. Trespass to recover damages for personal injuries. Before Hemphill, P. J. From the record it appeared that plaintiff was • injured by falling in a hole on a sidewalk in the borough of Coatesville.
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Appeal, No. 263, Jan. T., 1905, by plaintiff, from order of C. P. Chester Co., Jan. T., 1905, No. 74, refusing to take off nonsuit in case of Annie S. Downing v. Coatesville Borough. Trespass to recover damages for personal injuries. Before Hemphill, P. J. From the record it appeared that plaintiff was • injured by falling in a hole on a sidewalk in the borough of Coatesville. There was evidence that the portion of the street in which the hole was located had been thrown- open to public use by a former owner of an adjoining property, but there was no evidence that the strip in question had…
1Opinion of the Court
Pee Curiam,
The learned judge below conceding that throwing open a strip of his lot as a part of a street to' the public for a number of years, may amount to dedication to public use as against the owner, nevertheless states accurately the rule that such action by the owner cannot of itself make the land part of the street *293so as to bind the municipality. Some act of acceptance on the part of the municipality must be shown before it can be held liable for failure to keep in repair, etc., citing: In re Alley in Pittsburg, 104 Pa. 622; Com. v. Moorehead, 118 Pa. 344, and Steel v. Boro. of…
2Cases cited3 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- Steel v. Burgess & Town Council of HuntingdonSupreme Court of Pennsylvania · 1899
- In re Vacation of an Alley on Beatty's PlanSupreme Court of Pennsylvania · 1883
3Cited by6 opinions
- Koerth v. Turtle Creek BoroughSupreme Court of Pennsylvania · 1946
- Scott v. Donora Southern RailroadSupreme Court of Pennsylvania · 1909
- Wahl v. McKees Rocks BoroughSuperior Court of Pennsylvania · 1916
- Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939
- City of Clarksville v. DeasonCourt of Appeals of Tennessee · 1928
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