Righter v. Philadelphia

Citations

• 161 Pa. 73
• 28 A. 1015
• 1894 Pa. LEXIS 635

Syllabus

<p>Streets — Deed of dedication — Damages—Grading.</p> <p>A person who dedicates his land for the purpose of a street, with the same effect as if the street had been opened by legal proceedings, cannot afterwards maintain an action for damages resulting from the grading, where the opening and grading have been done at the same time, and in conformity with a plan existing at the time of the dedication.</p> <p>Plaintiff’s property abutted upon a street which had been laid out upon the official plan of the city. The grade of the street had been established differing from the natural grade, but the street itself had not been opened. Plaintiff by deed conveyed all his land lying within the limits of the street ‘ ‘ foi'ever for a public street or highway and for no other purpose, but to the same extent and with the same effect as if the said street had been opened by a decree of the court of quarter sessions upon proceedings had for that purpose under the road laws of the commonwealth.” The consideration named was “the advantage to them accruing as well as for ■divers considerations affecting the public welfare which they seek to advance.” The city subsequently opened and graded the street at the same time. Plaintiff’s land was left some feet above the surface of the street. Held, that plaintiff was not entitled to recover damages for the change of grade.</p>