Wagner v. Township of Salzburg
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 419 January Term 1889, Snp. Ct.; court below, No. 14 September Term 1887, C. P. On June 5, 1887, Henry Wagner brought trespass against the township of Salzburg to recover damages to his real estate arising from the opening of a public road.- The defendant pleaded not guilty.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 419 January Term 1889, Snp. Ct.; court below, No. 14 September Term 1887, C. P. On June 5, 1887, Henry Wagner brought trespass against the township of Salzburg to recover damages to his real estate arising from the opening of a public road.- The defendant pleaded not guilty. At the trial on February 27,1888, it was shown as follows: Prior to 1878, Tinsley Jeter, being the owmer of a tract of land in Salzburg township, Lehigh county, adjacent to the borough of South Bethlehem, Northampton county, plotted it into town…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The facts on which the legal question which controls this case is raised are very simple. The owner of a tract of farm land in Salzburg township laid it out in lots on both sides of a street which he opened and dedicated to the public. He sold these lots to purchasers by deeds, describing them as bounded upon this street, which he called Seneca street. Under these deeds, the purchasers took title to the middle of the street: Paul v. Carver, 24 Pa. 207. After some years, the owners, being desirous to have the road become a township road and pass under the care of…
2Cases cited2 opinions
- Paul v. CarverSupreme Court of Pennsylvania · 1855
- Feree v. MeilySupreme Court of Pennsylvania · 1801
3Cited by17 opinions
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- Hoffer v. Reading Co.Supreme Court of Pennsylvania · 1926
- Snively v. Washington TownshipSupreme Court of Pennsylvania · 1907
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