Legal Opinion

Commonwealth v. Dennison

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 92PublishedCited by 5 opinions

Appeal, No. 92, April T., 1911, by defendant, from judgment of Q. S. Somerset Co., Sept. Term, 1910, No. 14, on verdict of guilty in case of Commonwealth v. Fred Dennison. Indictment for nuisance. Before Koozer, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 92, April T., 1911, by defendant, from judgment of Q. S. Somerset Co., Sept. Term, 1910, No. 14, on verdict of guilty in case of Commonwealth v. Fred Dennison. Indictment for nuisance. Before Koozer, P. J. The facts are stated in the opinion of the Superior Court. At the trial the following offer was made: Counsel for the defendant offer to prove by the witness, B. F. Stohl, on the stand that it is the customary and usual method of hauling heavy freight over the public roads of the several townships and boroughs of the county of Somerset, such as telegraph poles, railroad ties,…

1Opinion of the Court

Opinion by

Henderson, J.,

The defendant was convicted of maintaining a nuisance on certain highways in the township of Jenner in the county of Somerset. From the evidence at the trial it appeared that the defendant was engaged in the transportation of mine props and lumber from a tract of land in the township named. In so doing he used a steam traction engine and three trucks attached thereto, the whole constituting a train nearly eighty feet long. The engine weighed about twenty-five tons and had a width of nine or ten feet. The trucks were narrower and when loaded weighed about seven tons…

2Cases cited2 opinions

  1. City of Allegheny v. ZimmermanSupreme Court of Pennsylvania · 1880
  2. Commonwealth v. AllenSupreme Court of Pennsylvania · 1892

3Cited by5 opinions

  1. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. DoughtySuperior Court of Pennsylvania · 1913
  3. Commonwealth v. Koczwara, Pennsylvania Court of Common Pleas, Crawford County1951
  4. Commonwealth v. SlaterMercer County Court of Quarter Sessions · 1953
  5. White v. Kelly, Pennsylvania Court of Common Pleas, Philadelphia County1937

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