Borough of Mountville v. Gable
Superior Court of Pennsylvania
Appeal, No. 246, October T., 1919, by defendant, from decree of C. P. Lancaster County, sitting in equity, Equity Docket No. 6, p. 271, in the case of Borough of Mountville v. Clarence H. Gable. Bill in equity for an injunction to restrain defendant from laying a curb over certain land situate in the Borough of Mountville. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The court granted the injunction as prayed for. Defendant appealed.
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Appeal, No. 246, October T., 1919, by defendant, from decree of C. P. Lancaster County, sitting in equity, Equity Docket No. 6, p. 271, in the case of Borough of Mountville v. Clarence H. Gable. Bill in equity for an injunction to restrain defendant from laying a curb over certain land situate in the Borough of Mountville. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The court granted the injunction as prayed for. Defendant appealed. Errors assigned were various findings of fact and conclusions of law, and the decree of the court.
1Opinion of the Court
Opinion by
Keller, J.,
That an owner may dedicate his ground to public use by any act which sufficiently evinces his will, was recognized in this State as early as the case of Gowen v. The Philadelphia Exchange Co., 5 W. & S. 141; whether land has been dedicated to public use as a highway is a question of intention: Waters v. Philadelphia, 208 Pa. 189; and it is generally for the jury to determine from the facts in evidence as to the opening of the land, the character of the use by the public, the character of the land, and its surroundings, and all the other circumstances in the case, whether…
2Cases cited5 opinions
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
- Gowen v. Philadelphia Exchange Co.Supreme Court of Pennsylvania · 1843
- Griffin's AppealSupreme Court of Pennsylvania · 1885
- Waters v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Kleinhans v. Northampton Traction Co.Superior Court of Pennsylvania · 1915
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- Easton v. KochSuperior Court of Pennsylvania · 1943
- Baltimore & Ohio R. R. v. Wilson Snyder Mfg. Co.Supreme Court of Pennsylvania · 1924
- McCARGO v. EvansonSuperior Court of Pennsylvania · 1959
- In Re: City of Pittsburgh Treasurer's Sale of Properties for Delinquent Taxes - 10/25/13 ~ Appeal of: H. PisztoraCommonwealth Court of Pennsylvania · 2019