Commonwealth v. Miltenberger
Supreme Court of Pennsylvania
APPEAL from the decision of the district court of Alleghany county. The Commonwealth against George Miltenberger. This was an indictment found in the mayor’s court of the city of Pittsburgh, and removed to the district court by virtue of a special act of assembly passed 16th of June 1836. The defendant was charged with erecting and maintaining a nuisance upon Cherry alley, one of the public highways of the city.
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APPEAL from the decision of the district court of Alleghany county. The Commonwealth against George Miltenberger. This was an indictment found in the mayor’s court of the city of Pittsburgh, and removed to the district court by virtue of a special act of assembly passed 16th of June 1836. The defendant was charged with erecting and maintaining a nuisance upon Cherry alley, one of the public highways of the city. The questions were, where Cherry alley was, and whether the defendant had built his house upon it. It appeared in evidence that the city of Pittsburgh was surveyed and laid out for…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, G. J.
Lapse of time will doubtless notchange the nature of a nuisance, because statutes of limitations run not against the public ; but the question is, whether the erection, which is the sub*452ject of this indictment, was a nuisance in the first instance ; and the principle which rules it lies in a narrow"compass. There is a manifest difference betwixt an encroachment on the actual and recognized boundary of a highway, and the occupancy of ground thrown out of the original survey. In the Commonwealth v. M’Donald, the defendant’s house, covering as…
2Cited by6 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Kopf v. UtterSupreme Court of Pennsylvania · 1882
- Owen v. BartholomewMassachusetts Supreme Judicial Court · 1830
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