Pennsylvania Superior Court Reports Volume 74

Pennsylvania Superior Court Reports Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...under proper instructions by the court'. If the policy in this case had excepted from its operation any easements for right of way manifestly apparent upon an examination of the property, then the question whether the alley in the present case was one which came within the exception would have been a question for the jury. This policy did, as we have already said, deal with the physical conditions existing upon the ground, when it stated the fact that the fence along the easterly line intruded upon the lot' insured. The alley in question was not, it is true, separated from the rest of the lot by a fence, but if it was so 'open and notorious, paved in such a manner that any surveyor must have necessarily recognized it as an encumbrance upon the land, then why did not this insurer notice it, just as it noticed the fence upon the other side of the lot? Had the alley been one laid out upon a plan of lots which had been approved by the board of surveys and was of record in the bureau of surveys, it might then be said that there was in the bureau an oificial record of the existence of the alley and that it should have appeared upon any plans furnished by a district surveyor, but there was nothing of that kind in this case. The parties introduced evidence as to the practice of the district surveyors of the city with regard to what they Opinion of the Court. 74 Pa. Superior Ct. indicated upon their plans furnished to owners of property. One witness on behalf of the defendant testified that what the plan would show would depend on the purpose for which it was to be used. "If it was for conveyance purposes there is one way of making it. If it is for an architect, there is another way; and if it be made for the more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236802462
  • 9781236802460