Borough of Mountville v. Gable

Citations

• 73 Pa. Super. 189
• 1919 Pa. Super. LEXIS 202

Syllabus

<p>Streets — Dedication to public use — Intention of owner.</p> <p>Whéther land has been dedicated to public use as a highway is a question of intention. 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 and the character of the land and its surroundings, and all the other circumstances in the case, whether there was an intention on the part of the owner to dedicate the land to public use. In suits in equity this duty devolves on the judge, pitting as a chancellor.</p> <p>Where the evidence established the facts that for over thirty (30) years a piece of land had been devoted to public purposes and used as a part of the street system of the borough, and that the owner never attempted in any way to limit the rights of the public thereon, the findings of the chancellor that there was a dedication to public use, will be sustained.</p>