Murray v. Commonwealth
Supreme Court of Pennsylvania
CertiorARI to a justice of the peace in the city and county of Philadelphia. The defendant below, being a lock-tender at Manayunk, in the employ of the Schuylkill Navigation Company, was convicted by a justice of the peace of an alleged violation of the Act of 22d April, 1794, prohibiting worldly employment on the Lord’s day.
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CertiorARI to a justice of the peace in the city and county of Philadelphia. The defendant below, being a lock-tender at Manayunk, in the employ of the Schuylkill Navigation Company, was convicted by a justice of the peace of an alleged violation of the Act of 22d April, 1794, prohibiting worldly employment on the Lord’s day. The act of the defendant consisted in opening the lock-gates of the Schuylkill Canal, to admit of the passage of boats upon the demand of their owners or captains engaged in navigating the canal. The legality of the conviction was the sole question for decision. The…
1Opinion of the Court
. The opinion of the Court was delivered, March 26, 1855, by
Loweie, J.
This is a summary conviction of a lock-keeper of the Schuylkill Navigation Company, for attending to his business, as such, on the Lord’s day, by opening the locks for the passage of boats. Is this a civil offence ? We think not.
The Schuylkill river is a public highway; and as people are not forbidden by law, and therefore have a right, for some purposes, to pass along it, even on the Lord’s day, the Navigation Company must keep it open, and, for this purpose, must have lock-keepers to act for them. There may, indeed, be…
2Cited by3 opinions
- Chadwick v. StokesCourt of Appeals for the Third Circuit · 1947
- Commonwealth v. BauderLehigh County Court of Quarter Sessions · 1958
- Commonwealth v. CarrosUnion County Court of Quarter Sessions · 1923