Commonwealth v. Marshall
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP CHESTER COUNTY. No. 21 July Term 1889, Sup. Ct.; court below, number and term not given. On January 30, 1889, the grand jury returned as a true bill an indictment charging Hoopes Marshall with unlawfully obstructing a public highway. Issue.
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APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP CHESTER COUNTY. No. 21 July Term 1889, Sup. Ct.; court below, number and term not given. On January 30, 1889, the grand jury returned as a true bill an indictment charging Hoopes Marshall with unlawfully obstructing a public highway. Issue. At the trial on January 31,1889, it was shown, in substance, that one George Ashbridge, by his will made on March 30, 1773, gave two roods of land for a public highway, to be laid out north of what at the date of the alleged obstruction was the land of the defendant; that in 1849, for some reason, a…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The defendant was indicted for obstructing a public road which was duly laid out in 1849, and was opened by the township supervisors that or the following year. It was claimed by him, on the trial, that the road was opened where it was laid by the viewers. The location of the roadbed has never been changed since, but has always been maintained by the supervisors where it was then constructed or defined. The fence on the north side remains where it was placed when the road was opened, and is about fifteen feet from the centre of the roadbed. The only question…
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