Legal Opinion

Commonwealth v. Doughty

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 186PublishedCited by 3 opinions

Appeal, No. 186, April T., 1913, by defendant, from judgment of County Court of Allegheny Co., April T., 1913, No. 187, on verdict of guilty in case of Commonwealth v. Alvin Doughty. Appeal from justice of the peace. The facts are stated in the opinion of the Superior Court. Error assigned was in sustaining conviction of justice of the peace. The act of May 11, 1911, is unconstitutional: O’Neil V. Ins.

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Appeal, No. 186, April T., 1913, by defendant, from judgment of County Court of Allegheny Co., April T., 1913, No. 187, on verdict of guilty in case of Commonwealth v. Alvin Doughty. Appeal from justice of the peace. The facts are stated in the opinion of the Superior Court. Error assigned was in sustaining conviction of justice of the peace. The act of May 11, 1911, is unconstitutional: O’Neil V. Ins. Co., 166 Pa. 72; Kittanning Academy v. Brown, 41 Pa. 269; Parker v. Com., 6 Pa. 507; Locke’s App., 72 Pa. 491; Frost v. Cherry, 122 Pa. 417; Scranton School Dist. App., 113 Pa. 176; Com. v.…

1Opinion of the Court

Opinion by

Orlady, J.,

The Act of May 11, 1911, P. L. 244, by its second section provides, viz.: For the purpose of preventing unreasonable wear and destruction of public roads, improved and maintained by the several counties of the commonwealth, the commissioners of any county are empowered to adopt and prescribe reasonable rules, regulating and restricting the use of said roads within such county by means of any locomotion and to prescribe pecuniary penalties for the inforcement thereof, etc.

Pursuant to this authority the commissioners. of Allegheny county, on July 24, 1912, formulated and…

2Cases cited3 opinions

  1. Commonwealth v. AllenSupreme Court of Pennsylvania · 1892
  2. Radnor Township v. BellSuperior Court of Pennsylvania · 1904
  3. Commonwealth v. DennisonSuperior Court of Pennsylvania · 1911

3Cited by3 opinions

  1. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. Koczwara, Pennsylvania Court of Common Pleas, Crawford County1951
  3. White v. Kelly, Pennsylvania Court of Common Pleas, Philadelphia County1937

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