162 Pa. 413 | Pa. | 1894
Opinion by
It seems to us this case was tried in accordance with our rulings in Brooklyn Street, 118 Pa. 640, and Whitaker v. Phœnixville Boro., 141 Pa. 327. The learned court below very carefully instructed the jury as to the right of the plaintiff to have damages under those decisions. Undoubtedly the plaintiff’s right as to the use of the ground lying in the bed of Seymour street, was affected by his conveyances to Mintzer and Royal. Certainly whenever Seymour street was opened the plaintiff could do nothing to obstruct the use of that street by his grantees. Beyond all question they had a right of free passage over the street, and it could not possibly be occupied by buildings, either as against the city or the plaintiff’s grantees. It was of no use to theorize about the value of the ground as building lots, since it could not lawfully be used for any such
Judgment affirmed.