Waters v. Philadelphia

Citations

• 208 Pa. 189
• 57 A. 523
• 1904 Pa. LEXIS 726

Syllabus

<p>Hoad law — Dedication of street — Evidence—Presumption.</p> <p>Where there has been long continued use of land as a street by the .public without objection on the part of the owner of the soil, the jury may presume a valid dedication. No particular formality is requisite to constitute a dedication upon the part of the owner. Any act which clearly indicates an intention to dedicate is sufficient.</p> <p>Where an owner of land erects a building about four feet back from the street line, and afterwards permits the public to use the strip four feet wide as a part of the pavement for a period of from thirty-five to forty years, neither he nor his successors in title can claim, after the city lias made the street line conform to the line of the building, that as a matter of law he is entitled to damages for the value of the strip. In such a ease the question of the dedication of the strip to public use is one for the jury.</p>