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Legal Opinion

Commonwealth v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 116PublishedCited by 13 opinions

Appeal, No. 116, April T., 1919, by the Commonwealth, from order of Q. S. Armstrong Co., No. 44, March Sess., 1917, arresting judgment in the case of Commonwealth v. Pennsylvania Railroad Company, a Corporation. Indictment for maintaining a nuisance along the eastern embankment of the Allegheny river. Before King, P. J. The opinion of the Superior Court states the case. Verdict of guilty. Subsequently the court, on motion, arrested the judgment and set aside the verdict.

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Appeal, No. 116, April T., 1919, by the Commonwealth, from order of Q. S. Armstrong Co., No. 44, March Sess., 1917, arresting judgment in the case of Commonwealth v. Pennsylvania Railroad Company, a Corporation. Indictment for maintaining a nuisance along the eastern embankment of the Allegheny river. Before King, P. J. The opinion of the Superior Court states the case. Verdict of guilty. Subsequently the court, on motion, arrested the judgment and set aside the verdict. Commonwealth appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Head, J.,

Following a constable’s return, the Court of Quarter Sessions of Armstrong County directed the district attorney to place before the grand jury a bill of indictment, charging the defendant with the creation and mainte*356nance of a nuisance by obstructing the channel of the Allegheny river, a navigable stream. A true bill was found and in due course the case came on for trial before the court and jury. A general verdict of guilty was re: turned. Thereafter a motion in arrest of judgment was filed, and, after argument and consideration by the court, the judgment was arrested.…

2Cases cited5 opinions

  1. Delaware Division Canal Co. v. CommonwealthSupreme Court of Pennsylvania · 1869
  2. Swan v. CommonwealthSupreme Court of Pennsylvania · 1883
  3. Commonwealth v. WalkerSuperior Court of Pennsylvania · 1907
  4. Commonwealth v. KammerdinerSupreme Court of Pennsylvania · 1895
  5. Commonwealth v. BarrettSuperior Court of Pennsylvania · 1905

3Cited by13 opinions

  1. Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
  2. Wharton v. PeopleSupreme Court of Colorado · 1939
  3. Commonwealth v. BristowSuperior Court of Pennsylvania · 1958
  4. Commonwealth v. NathanSuperior Court of Pennsylvania · 1928
  5. Commonwealth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1922

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