Commonwealth v. Slagel
Superior Court of Pennsylvania
Appeal, No. 90, April T., 1907, by defendant, from judgment of Q. S. Fayette Co., Sept. T., 1905, No. 90, on verdict of guilty in case of Com. v. B. R. Slagel. Indictment for nuisance. Before Taylor, J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 90, April T., 1907, by defendant, from judgment of Q. S. Fayette Co., Sept. T., 1905, No. 90, on verdict of guilty in case of Com. v. B. R. Slagel. Indictment for nuisance. Before Taylor, J., specially presiding. The facts are stated in the opinion of the Superior Court. Defendant presented, inter alia, these points: 1. It not appearing from the evidence that the road alleged to have been obstructed, and along or on which the alleged nuisance was committed, was laid out, opened and established, under legal proceedings, no conviction of the defendants can be had. Answer: Refused. A…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant was convicted under the second count of the indictment, which charged the commission of a public nuisance on the public road from Ohiopyle to Confluence, “ by dragging heavy logs and other material over said road, whereby the said road was torn up, destroyed and greatly damaged and rendered dangerous to travelers over said road, to the common nuisance,” etc. The first step necessary to the commonwealth’s case, therefore, was proof that the place where the injurious acts were committed, -was a public highway: Commonwealth v. P. & R. R. R. Co., 135 Pa. 256.
The…
2Cases cited10 opinions
- Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
- Commonwealth v. McNaugherSupreme Court of Pennsylvania · 1890
- McMurtrie v. StewartSupreme Court of Pennsylvania · 1853
- Furniss v. FurnissSupreme Court of Pennsylvania · 1857
- Commonwealth v. JacksonSuperior Court of Pennsylvania · 1899
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