Madisonville, Hartford & Eastern R. R. v. Commonwealth

Opinion of the Court by

Judge Hobson

Affirming.

The Madisonville, Hartford & Eastern Railway Company was indicted by the grand jury of Ohio conntv for the offense of maintaining a common nuisance by obstructing a public road. It demurred to the indictment; its demurrer was overruled. Proof was heard. The court overruled its motion to instruct the jury peremp*257torily to find for the defendant; and the ease having been submitted to the jury, they found it guilty as charged and fixed its punishment at a fine of $250. From the- judgment entered on the verdict, it appeals.

The first question made on the…