Commonwealth v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1909, by defendant, from order of Q. S. Warren Co., Dec. T., 1907, No. 28, imposing an amended sentence in case of Commonwealth v. Pennsylvania Railroad Company. Indictment for nuisance. Before Lindsey, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which judgment of sentence was passed.
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Appeal, No. 144, April T., 1909, by defendant, from order of Q. S. Warren Co., Dec. T., 1907, No. 28, imposing an amended sentence in case of Commonwealth v. Pennsylvania Railroad Company. Indictment for nuisance. Before Lindsey, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which judgment of sentence was passed. Errors assigned were in the following form: 1. The court erred in rejecting the evidence of the plot or map made by Thomas Struthers, then the owner of the land of the subdivision, called East Warren, but not then made part of the borough of…
1Opinion of the Court
Opinion by
Rice, P. J.,
The nuisance charged in the indictment was the erection and maintenance of an embankment across a public highway commonly called Elm street, formerly First street, about ten feet in height above the level of the street, upon which embankment was laid the track of the defendant company. It appears in the evidence that prior to the erection of this embankment the company carried its track across the street upon trestlework, space being left between the bents for travel along the street. The embankment was erected in order to avoid rebuilding the trestlework, and at the…
2Cases cited2 opinions
- Commonwealth v. Mayloy & KeatingSupreme Court of Pennsylvania · 1868
- Commonwealth ex rel. Nuber v. Keeper of WorkhouseSuperior Court of Pennsylvania · 1898
3Cited by5 opinions
- Commonwealth v. SilvermanSupreme Court of Pennsylvania · 1971
- Commonwealth Ex Rel. Berry v. TeesSuperior Court of Pennsylvania · 1955
- Commonwealth Ex Rel. Saeger v. DressellSuperior Court of Pennsylvania · 1953
- Smith v. CommonwealthSupreme Court of Virginia · 1953
- Commonwealth v. HottleSuperior Court of Pennsylvania · 1939