Zug v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions .of Allegheny county: Of October and November Term 1871, No. 57. Christopher Zug and Charles Zug were indicted in the Court of Quarter Sessions of Allegheny county for nuisance.
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Error to the Court of Quarter Sessions .of Allegheny county: Of October and November Term 1871, No. 57. Christopher Zug and Charles Zug were indicted in the Court of Quarter Sessions of Allegheny county for nuisance. The first count charged that they had cast into the Allegheny river, “ an ancient and common highway, large quantities of cinders, slag and rubbish, * * * by means whereof the navigation and free passage” along the river “has been and is greatly obstructed, so that the citizens of the Commonwealth navigating,” &c., cannot pass and repass in so free a manner as they ought and had…
1Opinion of the Court
The opinion of the court was delivered, November 20th 1871,
by Agnew, J.
If this case was intended to test the right of a party to obstruct navigation between high and low water lines, by means of buildings or deposits upon the shore, its selection has been inappropriate, as the facts found in the special verdict tend to negative the existence of any obstruction. The verdict makes the diagram filed by the commissioners under the Act of 16th April 1858, to establish high and low water lines in the Allegheny, Monongahela and Ohio rivers, a part of the finding. By that diagram it distinctly…
2Cited by3 opinions
- Freeland v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1901
- Fulmer v. WilliamsSupreme Court of Pennsylvania · 1888
- Sprague v. Nelson, Pennsylvania Court of Common Pleas, Erie County1924