Kleinhans v. Northampton Traction Co.

Citations

• 60 Pa. Super. 641
• 1915 Pa. Super. LEXIS 257

Syllabus

<p>Road law — Dedication of street — Evidence.</p> <p>Where an owner of a strip of land leases the strip to a street railway company reserving the right to dedicate it to public use, and providing that on such dedication no further payment of rent should be made, the lessee is entitled, in a subsequent suit for rent, to have the question of the actual dedication by the lessor submitted to the jury, where the evidence showed that the situation in the neighborhood of the proposed street had materially changed after the execution of the lease; that a large number of houses had been erected by the lessor or his successor, to the tenants of which a street would be a valuable, if not necessary appurtenance; that a fence on either side of defendant’s right of way had been moved so that the full width of tffe strip had been thrown open -to public use.; that sidewalks of a permanent character had been constructed; that grades had been fixed by the public authorities; and that poles carrying defendant’s wires had been removed to the sidewalks, where openings had been made for them by the lessor in the construction of the sidewalk.</p> <p>■ In such a case it is not necessary to show that the public use of the alleged street had continued for a period of twenty-one years and upwards. When dedication is clearly proved, it is as complete in one day as in twenty-one years.</p> <p>Dedication is a question of an intention. In some instances the owner, by a single act, has furnished such unequivocal' evidence of his intention to dedicate that he could not thereafter gainsay the fact. Rut the existence of the intention may he shown by a series of acts, all consistent with and pointing to the intention, even though no single act relied on would conclusively establish it.</p>