Duff v. Heppenstall Forge & Knife Co.

Citations

• 234 Pa. 275
• 83 A. 204
• 1912 Pa. LEXIS 641

Syllabus

<p>Road Law — Streets—City of Pittsburgh — Dedication to public use — Act of June 16, 18S6, P. L. 11$ — Equity—Jurisdiction.</p> <p>1. Under the Act of June 16, 1836, P. L. 749, all streets, lanes and alleys within the city of Pittsburgh, if not less than twenty feet in width, which have been laid out, appropriated and opened by private persons for public use or for the use of owners of lots fronting thereon, are part of the public works of Pittsburgh, and the city has complete jurisdiction over them for all purposes.</p> <p>2. In an equity proceeding, it appeared that the plaintiff was owner of certain lots abutting on streets originally dedicated to public use by a private owner of the plan of lots, which lots were subsequent to the dedication incorporated in the city of Pittsburgh so that the streets thus dedicated became part of the system of public highways. Portions of these streets after they were taken over by the city were vacated by ordinances duly passed. Plaintiff filed his bill to restrain an adjoining owner from encroaching upon the bed of a street over twenty feet wide, and obstructing passage thereon. Held, that bill was properly dismissed.</p>