Commonwealth v. Plymouth Township
Superior Court of Pennsylvania
Appeal, No. 49, Jan. T., 1899, by plaintiff, from judgment of Q. S. Luzerne Co., Sept. Sess. 1899, No. 771, on verdict of not guilty. Opinion by Beaver, J. Indictment for nuisance, to wit: two dwelling houses, a weaving house and a fence maintained in a public highway, in the town of West Nanticoke, Plymouth township, Luzerne county. The facts sufficiently appear in the opinion of the court.
Read the full summary
Appeal, No. 49, Jan. T., 1899, by plaintiff, from judgment of Q. S. Luzerne Co., Sept. Sess. 1899, No. 771, on verdict of not guilty. Opinion by Beaver, J. Indictment for nuisance, to wit: two dwelling houses, a weaving house and a fence maintained in a public highway, in the town of West Nanticoke, Plymouth township, Luzerne county. The facts sufficiently appear in the opinion of the court. The court below charged the jury in part as follows: Now, the road is only twenty-six or twenty-seven feet wide at this point as it now stands. We say to you that a roadway does not consist simply of a…
1Opinion of the Court
Opinion by
Beaver, J.,
The defendant was indicted for establishing, maintaining and. continuing a nuisance within the limits of a public highway, duly laid out and established and ordered by the court of quarter sessions to be opened. In the trial of the case, proceedings in the January sessions, 1830, of the quarter sessions of said county were given in evidence, in and by which it appeared that the report of viewers, laying out and returning for public use a road in said township, had been duly confirmed and ordered to be opened fifty feet wide, and an order issued in pursuance of the…
2Cases cited1 opinion
- Road CaseSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Commonwealth v. Plymouth TownshipSuperior Court of Pennsylvania · 1902