Commonwealth v. McNaugher
Supreme Court of Pennsylvania
APPEAL BY THE COMMONWEALTH EBOM THE COUBT OE QUABTEB SESSIONS OE ALLEGHENY COUNTY. j No. 80 October Term 1889, Sup. Ct.; court below, No. 782 September Term 1888, Q. S. At September Sessions, 1888, of the court below, the grand jury returned as a true bill an indictment charging Joseph Mc-Naugber and Samuel McNaugher with unlawfully and injuriously erecting and maintaining a certain wooden building and fence upon a public highway in the city of Allegheny, known as Federal…
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APPEAL BY THE COMMONWEALTH EBOM THE COUBT OE QUABTEB SESSIONS OE ALLEGHENY COUNTY. j No. 80 October Term 1889, Sup. Ct.; court below, No. 782 September Term 1888, Q. S. At September Sessions, 1888, of the court below, the grand jury returned as a true bill an indictment charging Joseph Mc-Naugber and Samuel McNaugher with unlawfully and injuriously erecting and maintaining a certain wooden building and fence upon a public highway in the city of Allegheny, known as Federal lane, to the common nuisance of all citizens of tbe commonwealth going, etc., along said highway. The defendants pleaded…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett:
The indictment, in apt words, charges the defendants with creating and maintaining a public nuisance, in that they constructed a large building, and fence inclosing the same, upon and across a public street and highway known as “Federal lane,” extending from the public square in Allegheny city to the northern line of the “Reserve Tract,” and still maintain the same; whereby said highway is greatly obstructed, etc., so *60that the citizens of this commonwealth could not, and cannot now, go, return, pass and repass, in, upon, and along said highway, as they ought and…
2Cases cited1 opinion
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
3Cited by15 opinions
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- Kessler v. BergerSupreme Court of Pennsylvania · 1903
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