Commonwealth v. Phila. R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS FROM THE COURT OF QUARTER SESSIONS OP PHILADELPHIA COUNTY. No. 30 January Term 1890, Snp. Ct.; court below, No. 305 August Term 1888, Q. S. To the number and -term in the court below, the Philadelphia & Reading Railroad Company and Isaac A. Sweigard, its superintendent, were indicted for erecting and maintaining a public nuisance, tbe first count of the indictment charging that the defendants had erected and maintained a certain board fence upon a…
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APPEAL BY DEPENDANTS FROM THE COURT OF QUARTER SESSIONS OP PHILADELPHIA COUNTY. No. 30 January Term 1890, Snp. Ct.; court below, No. 305 August Term 1888, Q. S. To the number and -term in the court below, the Philadelphia & Reading Railroad Company and Isaac A. Sweigard, its superintendent, were indicted for erecting and maintaining a public nuisance, tbe first count of the indictment charging that the defendants had erected and maintained a certain board fence upon a certain public highway, to wit Chatham street, in the city of Philadelphia, thereby obstructing it, to the common nuisance of…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
This is an indictment for a public nuisance by the erection and maintenance of a fence along the line of the railroad between Richmond and Cedar streets, in the city of Philadelphia, formerly in the district of Richmond, whereby certain streets named are obstructed. The first step necessarj^ in the commonwealth’s case, therefore, is proof that the places obstructed are public highways or streets. The railroad was located in 1837, and the right of way acquired in 1839. The present streets were plotted on the public plan of the district of Richmond, confirmed…
2Cases cited4 opinions
- Griffin's AppealSupreme Court of Pennsylvania · 1885
- Root v. CommonwealthSupreme Court of Pennsylvania · 1881
- Arnold v. CornmanSupreme Court of Pennsylvania · 1865
- County of Susquehanna v. DeansSupreme Court of Pennsylvania · 1859
3Cited by16 opinions
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- Commonwealth v. LlewellynSuperior Court of Pennsylvania · 1900
- Coward v. LlewellynSupreme Court of Pennsylvania · 1904
- Verona Borough v. Allegheny Valley R. R.Supreme Court of Pennsylvania · 1893
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