Shamokin v. Helt

Citations

• 250 Pa. 80

Syllabus

<p>Roads and streets — Dedication by plan — Evidence—Act of May 9, 1889, P. L. 178 — Binding instructions.</p> <p>1. In proceedings 'to determine whether a certain piece of land was part of a borough street, where it appeared that such land was indicated on a plan of lots laid out by the owner before the incorporation of the borough, but where there were no lines, names or figures on the map or plan showing that the owner intended to dedicate the strip of land as a public highway, and where no street was designated on the property in dispute by lines, or otherwise, the lower court properly found that there was no dedication of the locus in quo for public use by the acts of the owner who plotted the lots.</p> <p>2. Where in such case it appeared that more than fifty-eight years had elapsed after the plotting of the lots, and that the land in dispute had never been opened to, or used by the public, the Act of May 9, 1889, P. L. 173, providing in effect that streets laid out on plans of lots which have not been openéd or used by the public for twenty-one years next after the laying out of the same, shall not be opened thereafter without the consent of the owner, or owners of the land whereon the streets ar'e plotted, applied, and the court should have directed a verdict for the record owners of the land.</p>