Hileman v. Hollidaysburg Borough

Citations

• 47 Pa. Super. 41
• 1911 Pa. Super. LEXIS 109

Syllabus

<p>Road law — Dedication of street — Encroachment—Act of May 9, 1889, P. L. 178.</p> <p>1. Where a street of a given length and width is dedicated to public use by a plan of lots duly recorded, and such street is promptly opened through from end to end, subjected to public travel, and improved by the expenditure of public money throughout its entire length, and a party buys a lot fronting on such street with the full knowledge of its dedication and subsequent and consequent use, and encroaches on the street by a fence, such party cannot be heard to complain when required to withdraw to the line of the dedicated street, even though twenty-one years may have elapsed since the date of the dedication.</p> <p>2. The Act of May 9, 1889, P. L. 173, which was passed after the street had been subjected to public use and improved by the expenditure of public money, does not apply to such a case, inasmuch as the act had no retroactive effect, and only applied to unused streets.</p>