Pulaski Avenue

Citations

• 38 Pa. Super. 299
• 1909 Pa. Super. LEXIS 129

Syllabus

<p>Road law — Vacation of street — Statute of limitations — Estoppel.</p> <p>Where the court of common pleas has entered an order quashing a petition for the appointment of viewers to assess damages for the vacation of a street, and such order is not appealed from, property owners, not petitioners, represented by counsel in the proceedings, cannot after the expiration of thirteen years from the date of the order petition the court for the appointment of viewers, because the Supreme Court in another proceeding between different parties had declared the law in an exactly contrary sense to that upon which the order dismissing the original petition was based. In such a case no estoppel arises against the city because the order dismissing the original petition was made on the city’s motion, it not appearing from the record what part the petitioners took in the original proceeding.</p>