Peacock v. Philadelphia

Citations

• 48 Pa. Super. 548
• 1912 Pa. Super. LEXIS 409

Syllabus

<p>Road law — Laying out of street — Railroad right of way — Ordinances— Laying of water and gas pipe — V acation of street.</p> <p>1. Where a city lays out a street up to the line of the right of way of a railroad company, and another street on the opposite side up to the other line of the right of way, there is no absolute right in the public to use the intervening space as a highway, and the fact that the city has granted a permit to a gas company to lay gas pipes under such intervening space with the consent of the owner, or that the city has laid a water pipe under the space, is not in itself sufficient to establish a public highway across such intervening space.</p> <p>2. In such a case the fact that the city by ordinance authorized the laying of the water pipe does not imply that this was to be done otherwise than in the exercise of the city’s right to lay water pipe across intervening private property with the owner’s consent, or upon giving or securing him compensation.</p>