State v. Uvalde Asphalt Paving Co.

The opinion of the court was delivered by

Hendrickson, J.

This is a motion to quash an indictment removed from the Hudson Quarter Sessions by certiorari.

The indictment charges the defendant, a corporation, with causing and maintaining a nuisance at Jerséy City, in the county of Hudson, in this state, on divers days and times between April 1st, 1901, and the time of taking the inquisition. It alleges that the nuisance arises from the business of the defendant which is the manufacture and refining of asphalt; that in the process of manufacture the defendant boils, melts and mixes in certain…