Carroll v. Asbury
Citations
- 28 Pa. Super. 354
- 1905 Pa. Super. LEXIS 200
Syllabus
<p>Deed — Streets—Highways—Plan of lots — Vacation of street — Road law— Injunction — Equity.</p> <p>When an owner of land subdivides it into lots and lays out streets, alleys or courts for the accommodation of the lots, the purchasers of lots acquire a right of property, appurtenant to the lots, in the use of the streets, alleys or courts, without regard to whether any right is by the plotting and conveyance vested in the public.</p> <p>When a street is located by the municipal authorities over the lands of a private owner, but not opened, and the owner in conveying adjoining property, calls for the street as a boundary, such a call does not operate as a dedication of the street to public use as a highway, but the grantee acquires, as against his grantor and those claiming under him, a right of free passage over the land covered by the location of the street.</p> <p>The right of a grantee, and those who claim under him, to have a street upon which his deed calls for a frontage kept open as a way appurtenant to his land is, as against his grantor, entirely distinct from and independent of the right of citizens generally to use the public highways of a municipality.</p> <p>Where an owner of land lays out lots and streets thereon, and one of the streets is placed on the city plan as a public highway and thereafter the street is vacated by the public authorities, the original owner of the land cannot as against the grantees of his lots or their successors in title, claim absolute ownership in the bed of the street vacated, and exclude the lot owners and others from its use. The right of the lot owners can only be lost by adverse user or by proof of facts which constitute an estoppel. The remedy by injunction is the proper one for the enforcement of their rights.</p>
Judges: Beaver, Henderson, Morrison, Oready, Porter, Rice
Read full opinion on CourtListenerCited by
15 cases in this archive cite this case.
- Rahn v. HessSupreme Court of Pennsylvania· 1954-06-28· cited 71×
- First National Bank v. PaffSupreme Court of Pennsylvania· 1913-05-05· cited 46×
- Cohen v. Simpson Real Estate Corp.Supreme Court of Pennsylvania· 1956-06-25· cited 25×
- Bieber v. ZellnerSupreme Court of Pennsylvania· 1966-05-24· cited 23×
- Donnelly v. Public Service Commission & Pennsylvania R. R.Supreme Court of Pennsylvania· 1920-12-31· cited 22×
- Whittaker AppealSupreme Court of Pennsylvania· 1956-11-12· cited 15×
- Stivason v. SereneSuperior Court of Pennsylvania· 1922-07-13· cited 14×
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania· 1922-07-13· cited 12×
- Riley v. Pennsylvania Co.Superior Court of Pennsylvania· 1907-02-25· cited 11×
- Travaglia v. WeinelSuperior Court of Pennsylvania· 1959-12-17· cited 6×
- Pennebaker v. ParkerSuperior Court of Pennsylvania· 1907-04-15· cited 2×
- Black v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania· 1907-10-07· cited 1×
- Chambersburg Shoe Mfg. Co. v. Cumberland Valley RailroadSupreme Court of Pennsylvania· 1913-05-05
- Moore v. Coal TownshipSuperior Court of Pennsylvania· 1914-02-20
- Commonwealth v. Shubin Building Co.Montgomery County Court of Quarter Sessions· 1948-08-04
Cites
20 cases in this archive are cited by this case.
- In re Melon StreetSupreme Court of Pennsylvania· 1897-10-11· cited 64×
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania· 1896-10-05· cited 60×
- Commonwealth v. MooreheadSupreme Court of Pennsylvania· 1888-01-03· cited 44×
- In re MayorNew York Supreme Court· 1829-05-15· cited 39×
- Orne v. FridenbergSupreme Court of Pennsylvania· 1891-10-05· cited 35×
- Manbeck v. JonesSupreme Court of Pennsylvania· 1899-02-27· cited 34×
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania· 1891-04-06· cited 31×
- In re Mayor of New-YorkNew York Supreme Court· 1828-08-15· cited 29×
- Tinges v. Mayor of BaltimoreCourt of Appeals of Maryland· 1879-06-19· cited 24×
- In re Opening of Brooklyn StreetSupreme Court of Pennsylvania· 1888-02-20· cited 21×
- Appeal of Hacke & HugusSupreme Court of Pennsylvania· 1882-10-25· cited 19×
- Burgess of Birmingham v. AndersonSupreme Court of Pennsylvania· 1865-01-02· cited 17×
- Weaver v. GetzSuperior Court of Pennsylvania· 1901-02-14· cited 10×
- Wickham v. TwaddellSuperior Court of Pennsylvania· 1904-05-19· cited 9×
- Ermentrout v. StitzelSupreme Court of Pennsylvania· 1895-10-07· cited 7×
- Witman v. SmeltzerSuperior Court of Pennsylvania· 1901-02-14· cited 7×
- Fereday v. MankedickSupreme Court of Pennsylvania· 1896-01-06· cited 6×
- Smith v. Union Switch & Signal Co.Superior Court of Pennsylvania· 1901-07-25· cited 5×
- Hancock v. City of PhiladelphiaSupreme Court of Pennsylvania· 1896-04-13· cited 2×
- Parker v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court· 1844-10-15· cited 1×
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