Patterson v. Peoples Natural Gas Co.

Citations

• 172 Pa. 554
• 33 A. 575
• 1896 Pa. LEXIS 809

Syllabus

<p>Streets — Deed—lieservation—Dedication.</p> <p>Plaintiff conveyed land by deed “ excepting and reserving from this conveyance all that part of the above described property lying within the lines of B street as laid out upon the city plan.” The street was not named as a boundary nor referred to in the description. It was not opened nor were any proceedings ever instituted to open it. Some of plaintiff’s grantees divided their portions of the land into building lots, and sold them as fronting on B street. The land within the lines of the street was graded by these grantees, and used as a public street for five or six years. Held, that plaintiff was entitled to recover damages from a natural gas company which laid its pipes within the lines of the street.</p> <p>A dedication to the public of the use of land must rest on the intention or clear assent of the owner; which may be manifested by writing, sealed or unsealed, or by parol, or by acts inconsistent or irreconcilable with any inference except such consent; but the dedication must be under such circumstances as to indicate an abandonment of the use to the community by the owner, and the acts and declarations to effect a dedication should be unambiguous and unequivocal.</p> <p>Streets — Laying pipes under unopened street — Measure of damages.</p> <p>In an action against a natural gas company to recover damages for laying pipes within the line of an unopened street belonging to plaintiff, the jury may consider that the entry or trespass complained of was on the site of a lawfully located but unopened street, the extent and character of the use made of the land, the conditions of the land, and its availability as a means-of enjoyment or as a source of profit, and the extent of the defendant’s interference therewith.</p> <p>Practice, 8. G. — Beview—Harmless error.</p> <p>The Supreme Court will not reverse for harmless error.</p>