2 Pa. Super. 148 | Pa. Super. Ct. | 1896
Opinion by
(after stating the facts as set out in the above statement) :
The appellant contends that Mrs. Mary E. Schenley, the owner of the land taken for Bellefield avenue, had previously dedicated part of it to public use, and therefore she is not entitled to damages for that part. It is asserted on behalf of the appellant that in 1856 or 1857 Mrs. Schenley plotted a tract of land, thenpn Pitt township, one street of which as projected ran parallel with and covered part of Bellefield avenue, and that she conveyed lots according to this plot. But viewers who “ viewed the premises and heard all the parties interested and their witnesses and the arguments of counsel,” found there was no dedication of any part of the land by Mrs. Schenley and so reported; and the court below after hearing the matter on exceptions filed confirmed the report absolutely. We are not disposed to disturb this action of the court.
By their report the viewers find that Bellefield avenue was located by councils of the city of Pittsburg, by plan approved August 20,1869 ; that it was directed to be opened from Centre avenue to Forbes street, of a width of sixty feet, November 30, 1891; that the grade, as fixed, was approved June 14, 1894; that the avenue takes about three and one half acres of Mrs. Schenley’s land, along the east line of her tract, which comprises all taken (except a strip about five feet in width at Forbes street and extending northwardly and narrowing to a point, for which the owner asks no damages); they valued the land taken from Mrs. Schenley at $68,880, which sum included interest from November 30, 1891, and assessed her damages at $50,000 and apportioned it ratably among all the lot owners on either side, including Mrs. Schenley.
The viewers further found that the lines of the street which the appellant contends was dedicated to the public by Mrs. Schenley were not identical with those of Bellefield avenue; that the street was to be fifty feet in width, and was projected
In 1881, after Bellefield avenue was located by the city authorities, Mrs. Schenley conveyed a lot of ground at the corner of “Fifth avenue and Bellefield avenue” to Jacob Yandergrift, and in 1891 she conveyed a tract of eighteen acres to the city of Pittsburg, in the deed of which Bellefield avenue is mentioned. The Vandergrift lot is the only one conveyed by her along and calling for Bellefield avenue as a boundary. The appellant’s lot is on the easterly side of Bellefield avenue, and was not purchased from Mrs. Schenley nor embraced in her plot.
Under these circumstances it is clear there was no such dedication of the land covered by Bellefield avenue as will estop Mrs. Schenley from asserting her claim for damages. Evidently the intention to establish a street along the boundary line of her land was conditional upon the consent and co-operation of the adjoining owners, and it is not pretended that such consent was given, or anything done to further the project. At most there was but an offer by Mrs. Schenley to unite with the adjoining owners in the dedication of sufficient land for a street, with no further action by either party on the offer. In no aspect can it be said that a clearly manifested intention to dedicate is shown, and this the law requires before an owner can be deprived of his property: Griffin’s App., 109 Pa. 150; Com. v. Railroad Company, 135 Pa. 273.
The question here is not between grantor and grantee, and the line of cases regulating the rights of grantees under deeds expressly referring to plots or plotted streets has no application.
The exact question arising in the case is: Does the fact that Mrs. Schenley recognized the existence of Bellefield avenue
The assignments of error are overruled and the decree is affirmed at the costs of the appellant.