Commonwealth v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. T., 1908, by defendant, from judgment of Superior Court, April T., 1908, No. 108, affirming judgment of Q. S. Washington Co., Aug. T., 1907, No. 231, on verdict of guilty in case of Commonwealth v. The Baltimore & Ohio Railroad Company, alias The Wheeling, Pittsburg & Baltimore Railroad Company. Appeal from judgment of Superior Court. See 35 Pa. Superior Ct. 474. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 89, Oct. T., 1908, by defendant, from judgment of Superior Court, April T., 1908, No. 108, affirming judgment of Q. S. Washington Co., Aug. T., 1907, No. 231, on verdict of guilty in case of Commonwealth v. The Baltimore & Ohio Railroad Company, alias The Wheeling, Pittsburg & Baltimore Railroad Company. Appeal from judgment of Superior Court. See 35 Pa. Superior Ct. 474. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The appellant was convicted in the court of quarter sessions of Washington county on a common-law indictment charging it with maintaining a nuisance. A motion to quash, on the ground that no crime was charged in the indictment, was overruled, as was a motion in arrest of judgment based on the same reason. The lower court was sustained by the Superior Court: 35 Pa, Superior Ct. 474; and the narrow question passed upon by each of them is now before us.
The indictment charges that the defendant unlawfully kept and maintained a railroad track and way across a public…
2Cases cited6 opinions
- Northern Central Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1879
- Barclay v. CommonwealthSupreme Court of Pennsylvania · 1855
- Reading & Columbia R. R. v. RitchieSupreme Court of Pennsylvania · 1883
- Lou., Cin. & Lex. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1882
- Taggart v. CommonwealthSupreme Court of Pennsylvania · 1853
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3Cited by9 opinions
- Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
- Commonwealth v. HershmanSuperior Court of Pennsylvania · 1952
- Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
- Foster v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- State v. VillaSupreme Court of Vermont · 1918
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