63 Pa. Super. 513 | Pa. Super. Ct. | 1916
Opinion by
The plaintiff claimed the fee in the land to the centre line of a private alley through which the Borough of Car-lisle, without filing a bond, laid a sewer, the sewer being
The court affirmed the point submitted by the plaintiff that “If the jury find that the defendant installed said sewer line wilfully, without consent, and without proper inquiry, the damages may be exemplary or punitive.”
The plaintiff claims title to the centre of the alley as an abutter. The deed to her ancestor calls for the alley as one of the boundaries of the property. The appellant contends that the call of the deed determined the boundary of her estate and that she had no title to the fee in the alley. The court decided that “the alley is an open one.” As this case goes back for retrial, we call attention to the fact that in a conveyance designating a street as a boundary, it is always open to proof to show that the street was unopened and unused and therefore the grantor’s right was limited to the edge of the side of the
The judgment is reversed and a venire facias de novo awarded.