Scanlin v. Conshohocken Borough
This text of 58 A. 122 (Scanlin v. Conshohocken Borough) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is conceded that the title to the lots in question is in plaintiffs, but that for more than twenty-one years the public have been in the habit of using a short cut across the corner. The whole question in controversy is whether the use was equivalent to a dedication by which the public have acquired an easement of way, or was merely permissive and may be stopped by the plaintiffs as owners at their will. This is the exact question held in O’Neil v. McKeesport, 201 Pa. 386, to be a question at law, and not cognizable in the first instance, in a court of equity. We do not pass therefore on the merits of the case but affirm the decree dismissing the bill for want of jurisdiction in equity without prejudice to the rights of the parties at law.
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Cite This Page — Counsel Stack
58 A. 122, 209 Pa. 48, 1904 Pa. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scanlin-v-conshohocken-borough-pa-1904.