Cotter v. City of Philadelphia

Citations

• 194 Pa. 496
• 45 A. 336
• 1900 Pa. LEXIS 424

Syllabus

<p>Road law — Opening streets — Limitation act — Act of May 9, 1889 — Dedication.</p> <p>Where lots have been sold according to a recorded plan, the owner is entitled, under the Act of May 9, 1889, P. L. 178, to recover damages for the opening of an abutting street after the expiration of twenty-one years from the recording of the plan, and this right is not defeated by the fact that, in a conveyance prior to the expiration of twenty-one years, reference was made to the recorded plan and to the streets thereon, as such reference does not give rise to an implication of a new dedication of the land for streets.</p> <p>A dedication to the public use must rest on the intention or clear assent of the owner, and must be under such circumstances as to indicate an abandonment to the use of the community.</p>