Legal Opinion

Commonwealth v. Reed

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 3 opinions

Error to the Quarter Sessions of Crawford county. This was an indictment against Charles M. Reed and others, the president and directors of the Erie Canal Company, for maintaining a public nuisance.

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Error to the Quarter Sessions of Crawford county. This was an indictment against Charles M. Reed and others, the president and directors of the Erie Canal Company, for maintaining a public nuisance. The indictment was as follows:— 44 State of Pennsylvania: County of Crawford: ss. .44 The grand inquest inquiring in and for the county aforesaid, upon their oaths and affirmations respectfully do present: That there is a certain public highway and canal, leading from Erie, in the county of Erie, through the townships of East and West Fallowfield, in the county of Crawford, to the mouth of Beaver…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

The President and Directors of the Erie Canal Company are indicted for a public nuisance, for keeping up and maintaining, by damming the southern end of the Pymatuning swamp, a certain pond and reservoir as a part of their canal, by means of which seven hundred acres of land are overflowed, and the waters in said pond and reservoir have become stagnant, putrid, and noxious, from whence unwholesome damps and smells arise, and the air is greatly corrupted and infected, to the great damage and nuisance of the citizens of the Commonwealth. There is…

2Cited by3 opinions

  1. Commonwealth v. MillerSupreme Court of Pennsylvania · 1891
  2. City of Scottsbluff v. Winters Creek Canal Co.Nebraska Supreme Court · 1952
  3. Commonwealth v. Blue Coal Corp., Pennsylvania Court of Common Pleas, Luzerne County1973

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