234 Pa. 275 | Pa. | 1912
Opinion by
The learned court below has -given this case such full and intelligent consideration that but little need be said in reviewing it. Appellant is the owner of certain lots abutting on streets originally dedicated to public use by a private owner of the plan of lots. Subsequent to the dedication the plan of lots was incorporated in the city of Pittsburgh and the streets thus dedicated became part of the system of public highways. Portions of these streets after they were taken over by the city were vacated by ordinances duly passed. Appellant contends that the vacating ordinances are invalid because the streets in question never were public highways, and the city therefore had no power to vacate them. The learned court below did not agree with this contention and we concur in the conclusion of the lower court upon this branch of the case. But, assuming that the vacating ordinances are valid, appellant further contends that the vacation of portions of the streets as public highways cannot affect his right as an abutting owner of lots on the streets originally dedicated to have the same kept open, for
Decree affirmed at cost of appellant.