Newell v. W. R. Case & Sons Cutlery Co.

Citations

• 60 Pa. Super. 166
• 1915 Pa. Super. LEXIS 163

Syllabus

<p>Road law — Streets—Dedication—Municipalities—Municipal lien.</p> <p>Where an owner of land makes a plot thereof showing lots and streets, and.records the same, and numerous subsequent conveyances refer to a street named on the plot, and this particular street is .for many years continuously and uninterruptedly used for public travel, and the municipality lays a public sewer in the middle of it without any person claiming damages for the taking of the land, and adjacent houses are connected with the sewer, and a sidewalk is constructed along one side of the street, and tax bills are made out against houses on the street numbered by the city engineer, it will be presumed that there was a dedication to public use of the strip of land covering the street, and that the public authorities had accepted the dedication of the street as a highway. In such a ease the municipality cannot file a municipal lien against the land covered by the street so as to divest the public easement of a right of way over it, or to divest the rights of the owners of the lots included in the original plot to use the easement of way which they had acquired under the conveyances to them.</p>