Legal Opinion

Delaware Division Canal Co. v. Commonwealth

Supreme Court of Pennsylvania

Decided February 1, 1869No. 230PublishedCited by 23 opinions

Error to the Court of Quarter Sessions of Bucks county: of January Term 1869, No. 230. The Delaware Division Canal Company of Pennsylvania, and The Lehigh Coal and Navigation Company were indicted in the Quarter Sessions of Rucks county for a nuisance.

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Error to the Court of Quarter Sessions of Bucks county: of January Term 1869, No. 230. The Delaware Division Canal Company of Pennsylvania, and The Lehigh Coal and Navigation Company were indicted in the Quarter Sessions of Rucks county for a nuisance. The indictment in the first count set out, that there is a certain highway and canal, formerly known as the Delaware Division of the Pennsylvania Canal, beginning, &c., and extending through Northampton and Bucks counties to its connection with the Delaware river at Easton, used to navigate with boats and transport merchandise; which said canal…

1Opinion of the Court

The opinion of the court was delivered,

by

Thompson, C. J.

No doubt whatever can exist at this day, but that corporations other than municipal may become amenable to the criminal law in the matter of the creation and maintenance of things which amount to or become public nuisances, and to be proceeded against by indictment: 1 Am. Crim. Law, §§ 86-87. As a general rule they are not indictable for misfeasances unless indeed they assume the shape of nuisances: Id. § 89. For assaults and batteries, riots, larcenies and the like they are not so answerable. These principles, however, do not seem to be…

2Cited by23 opinions

  1. Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. JonesSupreme Court of Pennsylvania · 1931
  3. Commonwealth v. BatemanSuperior Court of Pennsylvania · 1927
  4. Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
  5. Commonwealth v. NathanSuperior Court of Pennsylvania · 1928

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