Corr v. Philadelphia
Supreme Court of Pennsylvania
Corr v. Philadelphia, 212 Pa. 123 (Pa. 1905)
61 A. 808; 1905 Pa. LEXIS 565
Brown, Elkin, Fell, Mestrezat, Pee, Potter
Corr v. Philadelphia
Opinion of the Court
An abandonment of land appropriated by a municipality for public use cannot be established by proof merely of a failure for the time to use it, or of a temporary use of it not inconsistent with an intention to use it for the purpose for which it was taken, or another public purpose. The facts alleged in support of the averment of abandonment do not strengthen it. But there is a distinct averment of an actual abandonment of any intention to use the land for any public purpose. This we think was a sufficiently well pleaded abandonment to put the city to a defense. The order sustaining the demurrer and entering judgment for the defendant is reversed with leave to the defendant to answer.
Reference
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- Syllabus
- Municipalities—Abandonment of land appropriated for public use. An abandonment of land appropriated by a municipality for public use cannot be established by proof merely of a failure for the time to use it, or of a temporary use of it not inconsistent with an intention to use it for the purpose for which it was taken, or another public purpose. Ejectment—Pleading—Abandonment—Municipalities. In an action of ejectment against a municipality to recover land previously appropriated to public use, abandonment of any intention to use the land for any public purpose is sufficiently pleaded where the statement avers that “the defendant has utterly failed in any particular to use the said land for a reservoir, a pumping station, or for any other purpose whatever connected with the supply of water to the city; nor has it put the said land to any other public use, and has utterly abandoned any intention which it might have had to so use the said land.”