Commonwealth v. Huntingdon & Broad Top Mountain Railroad & Coal Co.
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1907, by plaintiff, from order of Q. S. Bedford Co., April T., 1907, No. 16, quashing indictment in the case of Commonwealth v. The Huntingdon and Broad Top Mountain Railroad and Coal Company. Indictment for obstructing a public road and for failing to rebuild a public road. Before Woods, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 180, Oct. T., 1907, by plaintiff, from order of Q. S. Bedford Co., April T., 1907, No. 16, quashing indictment in the case of Commonwealth v. The Huntingdon and Broad Top Mountain Railroad and Coal Company. Indictment for obstructing a public road and for failing to rebuild a public road. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were in quashing the indictment. — It is a well-established principle of law that when a bill of indictment has been regularly found, it cannot be quashed unless for matter appearing upon the face of…
1Opinion of the Court
Opinion by
Head, J.,
The defendant, a railroad company incorporated under the laws of the state of Pennsylvania, was indicted in the court below upon a bill containing two counts. The indictment did not, as in ordinary cases, result from an information made before a magistrate and a binding over of the defendant for trial. It was founded upon a constable’s return. After the said return had been made the district attorney applied to the court for leave to send up a bill, and an order permitting *418or directing him to do so was made. The first count charged the defendant with the common-law offense…
2Cases cited1 opinion
- Danville, Hazleton & Wilkesbarre Railroad v. CommonwealthSupreme Court of Pennsylvania · 1873
3Cited by2 opinions
- Lancaster County v. Public Service CommissionSuperior Court of Pennsylvania · 1921
- Commonwealth v. Bessemer & Lake Erie RailroadSuperior Court of Pennsylvania · 1908