Solliday v. Commonwealth
Supreme Court of Pennsylvania
Error to the Quarter Sessions of Bucks county. This was an indictment against John N. Solliday for nuisance, in erecting and maintaining a dam in the river Delaware. The indictment contained five counts. The first three counts were at common law.
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Error to the Quarter Sessions of Bucks county. This was an indictment against John N. Solliday for nuisance, in erecting and maintaining a dam in the river Delaware. The indictment contained five counts. The first three counts were at common law. The 4th was under the 6 th section of the Act of 1809, 5 Smith 8, which provides : “ If any person whatever shall erect, build, set up, repair, or maintain, or shall be aiding in erecting, building, setting up, repairing, or maintaining any wing, dam, or placing any other obstructions injurious to the navigation of said river as aforesaid, except…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
The grand jury for Bucks county found an indictment in five counts against the present plaintiff in error for erecting and maintaining a public nuisance in the Delaware river. To this indictment he pleaded in regular- form a previous conviction for the same offence; and also .put in the plea of not guilty. The district attorney by his replications denied that either of these pleas was true in point of fact, and went to the country on both. A jury was called and sworn in both the issues. They rendered a verdict of guilty on the fourth count,…
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