Commonwealth v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 68, April T., 1922, by the Commonwealth, from order of Q. S. Armstrong County, March Sessions, 1917, No. 44, directing verdict for defendant, in the case of Commonwealth v. Pennsylvania Eailroad Company. Indictment for maintaining a public nuisance. Before King, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict for the defendant. Plaintiff appealed.
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Appeal, No. 68, April T., 1922, by the Commonwealth, from order of Q. S. Armstrong County, March Sessions, 1917, No. 44, directing verdict for defendant, in the case of Commonwealth v. Pennsylvania Eailroad Company. Indictment for maintaining a public nuisance. Before King, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict for the defendant. Plaintiff appealed. Errors assigned were directing verdict for defendant and various rulings on evidence. An erection in a river, which is a highway, is prima facie indictable as a public nuisance: Com. v.…
1Opinion of the Court
Opinion by
Trexler, J.,
The Pennsylvania Railroad Company is indicted for maintaining a public nuisance in that it has reduced the water area of the Allegheny River by an artificial fill and has diverted and changed the channel thereof so that the waters of said river and the ice and debris, carried thereon during high water, are forced with increased violence and velocity to the western bank thereof, thereby endangering the lives and properties of the inhabitants of the first ward of the City of Parker.
The railroad runs along the east bank of the river and at the place where the fill was made…
2Cases cited4 opinions
- Commonwealth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1919
- Monongahela Bridge Co. v. KirkSupreme Court of Pennsylvania · 1863
- Marlor v. Philadelphia, Wilmington & Baltimore R. R.Supreme Court of Pennsylvania · 1895
- Ensworth v. CommonwealthSupreme Court of Pennsylvania · 1866
3Cited by6 opinions
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- Chase v. Eldred BoroughCommonwealth Court of Pennsylvania · 2006
- Commonwealth v. Blue Coal Corp., Pennsylvania Court of Common Pleas, Luzerne County1973
- Navigable Waters, Pennsylvania Department of Justice1977
- Public Service Lines Across Rivers, Pennsylvania Court of Common Pleas, Northampton County1935
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