Commonwealth v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 463, Jan. T., 1894, by plaintiff, from order of Q. S. Luzerne Co., June T., 1893, No. 89, refusing to enter judgment against defendant in default. Rule for judgment in default of appearance in indictment against corporation for nuisance.
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Appeal, No. 463, Jan. T., 1894, by plaintiff, from order of Q. S. Luzerne Co., June T., 1893, No. 89, refusing to enter judgment against defendant in default. Rule for judgment in default of appearance in indictment against corporation for nuisance. The facts appear by the following opinion of the court below, by Rice, P. J.: “ On May 26,1893, the constable of Yatesville borough made return that the defendant company had obstructed a public highway by dumping dirt and stones thereon and using the same for their right of way without having reconstructed the same as they are required to do by…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is settled and unquestionable that corporations may be indicted at common law, and it necessarily follows that they may be brought into court by compulsion if required, for the *167law is never powerless to enforce what it commands. Statutes may be imperfect, and proceedings under them for that reason may be abortive, but it is a settled rule of the common law that there is no right without a remedy.
The question before us therefore is really, what is the proper form of remedy in the case of a corporation indicted for misdemeanor, and refusing or neglecting to…
2Cases cited5 opinions
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- State v. Western North Carolina RailroadSupreme Court of North Carolina · 1883
- Longwell v. HartwellSupreme Court of Pennsylvania · 1894
- Hugh Davey Et Ux. v. Peter TurnerSupreme Court of the United States · 1764
- Guardians of the Poor v. GreeneSupreme Court of Pennsylvania · 1813
3Cited by8 opinions
- Commonwealth of Penna. v. DegrangeSuperior Court of Pennsylvania · 1929
- Rosenthal v. Frankfort Distillers Corp. Rosenthal v. Glazer's Wholesale Drug Co., IncCourt of Appeals for the Fifth Circuit · 1951
- Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
- Commonwealth v. GabelSuperior Court of Pennsylvania · 1922
- Commonwealth v. National Gypsum Co.York County Court of Quarter Sessions · 1955
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