Commonwealth v. Ruddle
Northampton County Court of Quarter Sessions
No. 366 January Term 1891, Sup. Ct.; court below, No. 37 February Term 1891, Q. S. On February 10, 1889, the grand jury returned as a true bill .an indictment charging John Ruddle, Stephen Shoemaker, Joseph B. Shaffer and John Blows with committing a nuisance, in “unlawfully, injuriously and maliciously removing and carrying away” filling-in from a public highway. Issue.
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No. 366 January Term 1891, Sup. Ct.; court below, No. 37 February Term 1891, Q. S. On February 10, 1889, the grand jury returned as a true bill .an indictment charging John Ruddle, Stephen Shoemaker, Joseph B. Shaffer and John Blows with committing a nuisance, in “unlawfully, injuriously and maliciously removing and carrying away” filling-in from a public highway. Issue. At the trial on February 11, 1891, it was made to appear that from 1828, the Lehigh Coal & Navigation Company, incorporated under the act of February 13, 1822, P. L. 21, {see acts of March 14,1761, Book A, vol. 4, 220;…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The defendants were the authorized agents of the Lehigh Coal & Navigation Gompany, and their rights must be judged *148by the authority of that company to do the acts complained of. The place of the alleged nuisance was part of a public road in Lehigh township, and was also part of the tow-path of the navigation company. Both parties, therefore, had the right of way at this point, but that of the navigation company was prior and superior. It existed by direct legislative grant long before the road; and when the latter was opened, the limit of its legal right was to…
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