In re Opening of Brooklyn Street

Citations

• 118 Pa. 640
• 12 A. 664
• 1888 Pa. LEXIS 431

Syllabus

<p>The act of May 14, 1874, P. L. 164, relating to the assessment of dam-etc., is inapplicable to streets already located and established according to law; and when viewers are appointed to report on the necessity for opening a street appearing upon a confirmed plan, their report is to be confined to that subject and they are without power to assess damages under said act: Magnolia Avenue, 117 Pa. 56, followed.</p> <p>2. When a street has been laid out by municipal action and remains unopened upon the confirmed plan, a description in a deed subsequently made referring to the street as a boundary, does not create such a dedication to public use of the land within the street lines as to deprive the grantor oi his right to compensation when his land is afterwards actually taken by the opening of the street.</p> <p>3. Bellinger v. Union Burial-ground Society, 10 Pa. 135; Forbes Street, 70 Pa. 125; Easton Borough v. Rinek, 116 Pa. 1, explained; Pearl Street, 111 Pa. 565, distinguished.</p>