Legal Opinion

Commonwealth v. Falk

Superior Court of Pennsylvania

Decided February 24, 1915No. 1; Appeal, No. 89PublishedCited by 15 opinions

Appeal, No. 89, Oct. T., 1914, by plaintiff, from order of Q. S. Lancaster Co., Jan. T., 1914, No. 40, sustaining demurrer to indictment in case of Commonwealth v. Charles Falk. Indictment for unlawfully driving a' diseased animal.

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Appeal, No. 89, Oct. T., 1914, by plaintiff, from order of Q. S. Lancaster Co., Jan. T., 1914, No. 40, sustaining demurrer to indictment in case of Commonwealth v. Charles Falk. Indictment for unlawfully driving a' diseased animal. The indictment charged that defendant, on or about August 20, 1913, at the county aforesaid and within the jurisdiction of this court, with force and arms, etc., did unlawfully drive, move and transport on, across and along a public highway an animal suffering with generalized or advanced tuberculosis, of the character enumerated in sec. 9 of the act of assembly…

1Opinion of the Court

Opinion by

Orlady, J.,

The indictment in this case charges a violation of law, viz.: “It shall be unlawful for any person to drive or move or transport on or across or along any public highway, or in wagons or in railroad cars or other vehicles, any animal affected with any disease mentioned in sec. 9 of this act, or with any disease now or hereafter adjudged and proclaimed by the State Live Stock Sanitary Board, to be of a transmissible character, except upon permission in writing from the State Live Stock Sanitary Board, or any member, officer, or agent, of the Board.” The defendant filed a…

2Cases cited9 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
  3. Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
  4. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  5. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908

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3Cited by15 opinions

  1. Holgate Bros. v. BashoreSupreme Court of Pennsylvania · 1938
  2. Commonwealth v. PuderSupreme Court of Pennsylvania · 1918
  3. Gima v. Hudson Coal Co.Supreme Court of Pennsylvania · 1933
  4. Kellerman v. PhiladelphiaSuperior Court of Pennsylvania · 1939
  5. Paul Gima v. the Hudson Coal Co.Superior Court of Pennsylvania · 1932

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