Legal Opinion

Northern Central Railway Co. v. Commonwealth

Supreme Court of Pennsylvania

Decided October 6, 1879PublishedCited by 19 opinions

Error to the Court of Quarter Sessions of Cumberland county : .Of May Term 1879, No. 178. Indictment of the Northern Centi-al Railway by the Commonwealth, for nuisance in obstructing a turnpike road by the construetion of its railroad over said turnpike.

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Error to the Court of Quarter Sessions of Cumberland county : .Of May Term 1879, No. 178. Indictment of the Northern Centi-al Railway by the Commonwealth, for nuisance in obstructing a turnpike road by the construetion of its railroad over said turnpike. The defendant pleaded specially that the turnpike was not a public road or highway within' the meaning of the act authorizing an indictment for the obstruction of travel on highways ; that the railroad, jas now constructed, has been in use for twenty-four years, and that an indictment would not lie as by the Act of February 24th 1806, whereby…

1Opinion of the CourtJustice Mercur

It is well recognised law, that an indictment will lie against a corporation, not municipal, for the creation and maintenance of a public nuisance: Reg v. Great North of England Railway, 9 Q. B. 315; Duter v. Troy Railroad Co., 2 Hill 629; Chestnut Hill Turnpike v. Rutter, 4 S. & R.. 6; Delaware Div. Canal Co. v. Commonwealth, 10 P. F. Smith 367. This indictment charges the plaintiff in error with having, unlawfully and injuriously, obstructed a public highway. The obstruction in question is in a turnpike, and caused by the manner in which the railroad crosses the same. The special verdict…

2Cited by19 opinions

  1. Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
  2. Lenhart v. WrightSupreme Court of Pennsylvania · 1926
  3. Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
  4. Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
  5. In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897

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