Commonwealth v. Moorehead
Supreme Court of Pennsylvania
ERROR TO THE COURT OF QUARTER SESSIONS OF ALLEGHENY COUNTY. No. 220 October Term 1887, Sup. Ct.; court below, No. 581 September Term 1886, Q. S. At the trial on March 7, 1887, before Ewing, P. J., Emma Moorehead pleaded not guilty to an indictment charging the defendant with the erection and maintenance of a building upon South Canal street in the borough of Tarentum, to the common nuisance, etc.
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ERROR TO THE COURT OF QUARTER SESSIONS OF ALLEGHENY COUNTY. No. 220 October Term 1887, Sup. Ct.; court below, No. 581 September Term 1886, Q. S. At the trial on March 7, 1887, before Ewing, P. J., Emma Moorehead pleaded not guilty to an indictment charging the defendant with the erection and maintenance of a building upon South Canal street in the borough of Tarentum, to the common nuisance, etc. At the close of the evidence, the defendant’s counsel requested the court to charge the jury: 1. That a dedication to the public, by the owners, of ground for use as a highway or street, would not…
1Opinion of the Court
*353Opinion,
Mk. Justice Paxso'n:
The defendant was indicted in the court below for maintaining a common nuisance. The jury rendered a verdict of guilty, accompanied with a finding of' facts in the nature of a special verdict, upon which the court below subsequently entered a judgment for the defendant non obstante veredicto. •
The nuisance complained of consisted of the erection of a large wooden building partly on and upon a public street in the borough of Tarentum.
The special verdict sufficiently finds that the street referred to was a public street. It was laid out and dedicated to public use by…
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