Verona Borough v. Allegheny Valley R. R.

Citations

• 152 Pa. 368
• 25 A. 518
• 1893 Pa. LEXIS 983

Syllabus

<p>Boroughs — Streets—Notice of opening — Local act of April 8, 1848.</p> <p>Where an act relating to the location and opening of streets provides that damages are to be assessed only upon the application of the owner, and he is liable to be barred if he does not apply, the owner is entitled to the notice provided by the act with all the accompaniments of time and circumstances that the statute prescribes in his favor.</p> <p>Under the local act of April 8, 1848, P. L. 415, providing that the council of a borough may “ direct and determine the location and limits” of a street, and that “apian or specification of such location shall be made and deposited in the office of the recording regulator of the borough for public examination or inspection, whereof notice shall be given in at least two newspapers,” a property owner is entitled to the notice provided by the act, and notice of the opening of the street will not answer for notice of its location.</p> <p>Plan of street — Notice—Estoppel.</p> <p>Where the plan of a street prescribed by the local act of April 8, 1848, P. L. 415, is in itself insufficient, and was not adopted or approved by the borough authorities, a property owner cannot be estopped to deny the validity of the location of the street by actual notice of the plan, and the proposed action of the borough.</p> <p>Dedication — Evidence—Public use.</p> <p>Where the dedication of a street is sought to be established either by the recording of a plan or by the actual use of the street by the public, or by such an acceptance by the public as would be binding upon the owner by estoppel, the evidence must be clear.</p>