Commonwealth v. Kennedy

Wickersham, J.,

— This is an indictment charging that this defendant “did unlawfully, wilfully, knowingly and maliciously set up and maintain ... a certain public and common nuisance by then and there obstructing a certain private road fourteen feet wide and seventy-five feet long, thereby obstructing the right of way of one Edward Sellers over the said private road. . . .”

Upon request of the defendant, a bill of particulars was filed, in which the prosecutor claims that he has a right of way over the private road in question by deed from a former owner, in which said private right of way was…