Legal Opinion

Commonwealth v. Shoemaker

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 19PublishedCited by 31 opinions

Appeal, No. 19, Feb. T., 1900, by plaintiff, in suit of Commonwealth of Pennsylvania against John P. Shoemaker, from judgment of Q. S. Lycoming Co., Sept. Sess., 1899, No. 57, on verdict of not guilty. Opinion by W. D. Porter, J. Indictment for maintaining a nuisance. It appears from the record that the indictment was for maintaining a public nuisance by building a barn on the public highway in the village of Clarkstown.

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Appeal, No. 19, Feb. T., 1900, by plaintiff, in suit of Commonwealth of Pennsylvania against John P. Shoemaker, from judgment of Q. S. Lycoming Co., Sept. Sess., 1899, No. 57, on verdict of not guilty. Opinion by W. D. Porter, J. Indictment for maintaining a nuisance. It appears from the record that the indictment was for maintaining a public nuisance by building a barn on the public highway in the village of Clarkstown. Other material facts appear in the opinion of the court. The commonwealth submitted the following points : [1. If the jury find that Charlotte Brownell opened up a street…

1Opinion of the Court

Opinion by

W. D. Portee, J.,

The indictment in this case charged the defendant with erect*202ing and maintaining a public nuisance in the form of a building in a public highway in the village of Clarkstown, Lycoming county. The commonwealth produced evidence which clearly established that John Opp, being then the owner of a large tract of land, in the year 1860 caused the said tract to be surveyed and plotted and laid out into lots fronting upon streets and alleys running over the land. In 1866 John Opp died, having first made his last will and testament, in which he referred to the said plan of…

2Cases cited9 opinions

  1. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  2. Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
  3. Alton v. MeeuwenbergMichigan Supreme Court · 1896
  4. Monongahela City v. FischerSupreme Court of Pennsylvania · 1886
  5. McMurtrie v. StewartSupreme Court of Pennsylvania · 1853

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3Cited by31 opinions

  1. Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
  2. Carroll v. AsburySuperior Court of Pennsylvania · 1905
  3. Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
  4. Scott v. Donora Southern RailroadSupreme Court of Pennsylvania · 1909
  5. State RoadSupreme Court of Pennsylvania · 1912

26 more not listed; retrieve them via the Exa API.

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