Commonwealth v. Plymouth Township
Superior Court of Pennsylvania
Appeal, No. 22, Jan. T., 1902, by plaintiff, from judgment of Q.'S. Luzerne Co., Sept. T., 1899, No. 771, on verdict of not guilty, in case of Commonwealth v. Plymouth Township. Indictment for maintaining a nuisance in a public road. Before Ferris, J. The indictment charged that the defendant obstructed Harvey’s Creek road by maintaining therein a post and wire fence and certain dwelling houses particularly described.
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Appeal, No. 22, Jan. T., 1902, by plaintiff, from judgment of Q.'S. Luzerne Co., Sept. T., 1899, No. 771, on verdict of not guilty, in case of Commonwealth v. Plymouth Township. Indictment for maintaining a nuisance in a public road. Before Ferris, J. The indictment charged that the defendant obstructed Harvey’s Creek road by maintaining therein a post and wire fence and certain dwelling houses particularly described. The record showed that the road was laid out in pursuance of an order made in 1830 confirming a report of viewers. The evidence as to where .the road was originally opened by…
1Opinion of the Court
Opinion by
Beaver, J.,
When this ease was before us previously (13 Pa. Superior Ct. 209) we decided that the order of the court fixing the width thereof in the final order to open having been made under the Act of April 6, 1802, 3 Sm. L. 512, instead of under the Act of June 13, 1836, P. L. 551, “ The proceedings when had were in all respects regular under the law as then in force and, as a consequence, the public were entitled to use a road fifty feet wide, if it was so opened by the supervisors.” The question on the retrial, therefore, was, was the road so opened by the supervisors, and, if…
2Cases cited2 opinions
- Commonwealth v. JacksonSuperior Court of Pennsylvania · 1899
- Commonwealth v. Plymouth TownshipSuperior Court of Pennsylvania · 1900
3Cited by4 opinions
- Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Boyd v. MillerSuperior Court of Pennsylvania · 1914
- Commonwealth v. SlagelSuperior Court of Pennsylvania · 1907