John McLean

“ Where the proprietor of a town disposes of all his interest in it, he would seem to stand in a different relation to the right of soil, in regard to the streets and alleys of the town, from the individual over whose soil a public road is established, and who continues to hold the land on both sides of it. ”

“ Suppose Market street or Wood street, leading north and south, had not been improved by the city of Pittsburgh until this time, could the original proprietors claim it as their property? If the dedication of these streets to the public were a matter of doubt, and a jury were about to inquire into the fact; it is admitted, that their not having been improved or used as streets, would be a circumstance which the jury might weigh against the proof of dedication. ”

“ Whether Water street extended to low or high water mark, can be of no importance in the present controversy. If its southern boundary be limited by high water mark, it is clear that the proprietors parted with all their right. It is admitted by both parties, that the river Monongahela, being a navigable stream, belongs to the public; and a free use of it may be rightfully claimed by the public, whatever may be the extent of its volume of water. If Water street be bounded by the river on the south, it is only limited by the public right. ”

“ Whether the purchasers of town lots are not, in this respects, the owners of the soil over which the streets and alleys are laid, as appurtenant to the adjoining lots, is a point not essentially involved in this case.
If the jury shall find that the ground in question was dedicated to the public as a street or highway, or for other public purposes, to the river, either at high or low water mark, the right of the city will be established, and the plaintiff in the ejectment must consequently fail to recover. ”

“ It is insisted, that the declarations of Woods respecting the ground in controversy, did not come within the scope of his authority; and if they did, still, that they ought not to be received in evidence.
Woods had authority to fix upon the plan of the town, and survey it. He had the power to determine the width of the respective streets and alleys, the size and form of the lots, to mark out the public grounds, and to determine on every thing so far as related to the town, which would add to its beauty, convenience, and value. ”

“ Connected with these wharves is a graduated pavement, so as to render access to them from the city easy; and a tax is imposed on steamboats and other vessels, for the use of them.
If this ground had been dedicated for a particular purpose, and the city authorities had appropriated it to an entirely different purpose; it might afford ground for the interference of a court of chancery, to compel a specific execution of the trust, by restraining the corporation, or by causing the removal of obstructions. ”

“ The long acquiescence, therefore, in the plan of the town, as returned by Woods, affords a strong presumption against the right asserted by the plaintiff below in this action.
The town was laid out in the spring or summer of 1784; no act was done by the proprietors showing any claim to the land in controversy, until September 1814, when the deed to Wilson was executed. ”

“ In the month of May or June of the same year, Woods laid out the town of Pittsburgh, and also surveyed into out lots and small plantations, the residue of the manor; and made return to his principal of a copy of the town plat and the other surveys. This return, and the whole proceedings of Woods, were sanctioned by the following letter. ”