55 Md. 87 | Md. | 1880
delivered the opinion of the Court.
The application of the plaintiff, in this case, for the injunction, was founded upon the allegation that the strip of ground, six or six and a half feet wide, lying along the whole extent, and contiguous to the east side, of his lot, in the village of Uniontown, had been dedicated to public use, and formed part of the cross alley running from Main Street north to the intersection of an alley running parallel with Main Street. He alleges in his bill that the entire open space between the fences enclosing his lot on the one side, and that of Gilbert on the other, is embraced within the limits of the public alley; and his various out-buildings being upon the east line of his lot, bounded, as he alleges, hy this alley, the special ground of his hill is, that he is entitled to ingress and egress, from and to this alley, to and from his various buildings on and near the line of his lot thus hounded ; and that, inasmuch as such ingress and egress have been obstructed by erections placed in the alley by the defendant, he is entitled to relief, and to have the defendant restrained.
It appears from the testimony of Harbaugh, the only witness who professes to have knowledge of the original location of the ways of the village of Uniontown, that the alley between the lot now owned by the plaintiff and that owned by Gilbert, was, like the other alleys of the village, laid out to he sixteen feet wide; and that the strip of land on the west of this alley, and adjoining the lot not owned by the plaintiff, was not included in the alley, hut was left by Cover, the founder of the village, to afford a more ample way for the benefit of his own property, now occupied by the defendant, to and from the main street of the town. This was a long time ago; and if the public had been allowed to use and enjoy this strip of land, in connection with the alley, uninterruptedly and without question, for the thirty or forty years, as alleged by the plaintiff, a public right by prescription or presumptive dedication might well he maintained. But the evidence makes it quite clear that there has been no such continuous and uninterrupted user by the public as would he sufficient to establish such right in
Whether the plaintiff could have maintained a right to this strip of land by adverse user and possession, or whether he could have maintained a right to an easement therein, acquired by long user, for access to his buildings, are questions not presented on this bill. The plaintiff has thought proper to base his right to use the strip of ground upon the alleged right of the public therein; and by the allegations of his bill, and his own testimony, he negatives all mere private right in the strip of ground, as distinguished from his right therein as one of the public. It is solely upon the theory that the strip forms part of the public alley that the plaintiff founds his right to relief; and that foundation, as we have said, is entirely disproved.
But whether the application be made upon the one theory or the other, there is no ground for such relief as that asked by the plaintiff, upon the proof in the case. The plaintiff and defendant have contracted with each other, in respect to the use, and the manner of user, of the strip of ground in controversy; and the defendant
Entertaining these views in regard to the case, we must affirm the decree of the Court helow, with costs to the appellee.
Decree affirmed with costs.