MacKellar v. Seeds

Citations

• 10 Pa. Super. 167
• 1899 Pa. Super. LEXIS 255

Syllabus

<p>Appeals — Practice, Superior Oourt — Case as considered below.</p> <p>Appellate courts will not take into account matters not submitted on the trial; and all cases must be treated on appeal as they were tried below.</p> <p>Road law — Plotting private way — Act of 1893.</p> <p>Private property cannot be taken for public use through evasive enactments. The plotting of a street by the board of surveyors and the placing of it on the plan of public streets does not make it a public street in fact or intent, and no such legal effect is to be implied from the Act of May 23, 1893, P. L. 123.</p>