Hertzog v. South Reading Market House Co.

Citations

• 69 Pa. Super. 292
• 1918 Pa. Super. LEXIS 72

Syllabus

<p>Road law — Alley—Dedication—Intention—Ma/rhet house.</p> <p>Where a market company builds its market house back from a ten-feet-wide alley so as to leave an additional width of five feet in the cartway of the alley, and places stalls outside of its building having stall numbers on the outside walls of the building, and rents the stalls during market days, and it appears that the - additional space of five feet along the alley is necessary to permit loading and unloading through the doors along the alley in order that the usual traffic might not be impeded, it will be presumed that the market company left the additional space for the accommodation of itself, and not of the public, and that no dedication to the public of the five feet of space was intended.</p> <p>It is not always the mere fact of user which controls the dedication. It is essential, to maintain it, that the user or enjoyment should be adverse; that it was with claim of right, and uninterrupted and exclusive for the required length of time.</p>