Legal Opinion

Commonwealth v. Allen

Supreme Court of Pennsylvania

Decided March 28, 1892No. Appeal, No. 297PublishedCited by 14 opinions

Appeal, No. 297, Jan. T., 1892, by defendants, Charles A. Allen et al., from judgment of Q. S. Bradford Co., Sept. Sess., 1891, No. 63, on verdict of guilty. Indictment for maintaining a public nuisance. The facts appear by the opinion of the Supreme Court. The indictment was in two counts.

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Appeal, No. 297, Jan. T., 1892, by defendants, Charles A. Allen et al., from judgment of Q. S. Bradford Co., Sept. Sess., 1891, No. 63, on verdict of guilty. Indictment for maintaining a public nuisance. The facts appear by the opinion of the Supreme Court. The indictment was in two counts. The first is set out in the opinion of the Supreme Court; the second charged defendants in substance with drawing great and unusual loads over the highway, by which damage was done to the roadway and bridges thereon, thereby endangering the safety and lives of the people using said highway. Defendants…

1Opinion of the Court

Per Curiam,

The defendants were convicted in the court below of main*362taining a nuisance. They now allege that the indictment does not charge an indictable offence. The first count thereof sets forth that the defendants “ set up, established, maintained, kept up and continued, an obstruction in said public road and common highway aforesaid, leading from Rummerfield, in Standing Stone township, up the Rummerfield creek by Philip Grace’s, towards Herrickville, by running back and forth several times a day, over said highway, an engine propelled by steam, commonly known as a traction engine, which,…

2Cases cited1 opinion

  1. City of Allegheny v. ZimmermanSupreme Court of Pennsylvania · 1880

3Cited by14 opinions

  1. Beeson v. City of Los AngelesCalifornia Court of Appeal · 1931
  2. Cranor v. 5 Star NutritionCourt of Appeals for the Fifth Circuit · 2021
  3. Ford v. Riverside City School DistrictCalifornia Court of Appeal · 1953
  4. Coulter v. Pine TownshipSupreme Court of Pennsylvania · 1894
  5. Radnor Township v. BellSuperior Court of Pennsylvania · 1904

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