Commonwealth v. Switzer
Supreme Court of Pennsylvania
APPEAL BY DEEENDANT EROM THE COURT OE QUARTER SES-L SIONS OE MONTOUR COUNTY. No. 62 January Term 1890, Sup. Ct.; court below, No. 110 May Term 1888, Q. S. On May 29, 1888, the grand jury returned as a true bill- an indictment charging William Switzer with having unlawfully erected, set up and maintained “ a building in, on, upon and across a certain ancient and common highway,” in the borough of Washingtonville, known as Third street, to the great damage and public nuisance,…
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APPEAL BY DEEENDANT EROM THE COURT OE QUARTER SES-L SIONS OE MONTOUR COUNTY. No. 62 January Term 1890, Sup. Ct.; court below, No. 110 May Term 1888, Q. S. On May 29, 1888, the grand jury returned as a true bill- an indictment charging William Switzer with having unlawfully erected, set up and maintained “ a building in, on, upon and across a certain ancient and common highway,” in the borough of Washingtonville, known as Third street, to the great damage and public nuisance, etc. The defendant pleaded, not guilty. At the trial on September 16, 1889, the commonwealth, to prove the locus in quo…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
This being an indictment for obstructing a public highway, it was incumbent on the commonwealth to prove the locus in quo to be a highway. This was undertaken upon the two grounds of user and dedication. The village of Washington-ville had existed for three quarters of a century or more, with streets, among which, as the commonwealth claimed, was East or Third street. But the village was not incorporated until 1870, and the official map was not approved by the borough council until 1887. This map, when offered in evidence, contained a recital that it was a draught…
2Cited by10 opinions
- Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
- Commonwealth v. DombrauskasSuperior Court of Pennsylvania · 1980
- Commonwealth v. MartinSupreme Court of Pennsylvania · 1907
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1895
- Catasauqua Mfg. Co. v. HopkinsSupreme Court of Pennsylvania · 1891
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