Commonwealth v. Ashley Borough
Superior Court of Pennsylvania
Appeal, No. 28, Jan. T., 1908, by defendant, from judgment of Q. S. Luzerne Co., Sept. T., 1904, No. 712, upon verdict of guilty in case of Commonwealth v. Ashley Borough. Indictment for nuisance. Before Lynch, P. J. At the trial Dr. J. B. Tobias, a witness for .the commonwealth, was asked this question: “ Q. In what condition did you find the stream? A. I found the stream full of paper and mud and a very foul odor coming from it.”
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Appeal, No. 28, Jan. T., 1908, by defendant, from judgment of Q. S. Luzerne Co., Sept. T., 1904, No. 712, upon verdict of guilty in case of Commonwealth v. Ashley Borough. Indictment for nuisance. Before Lynch, P. J. At the trial Dr. J. B. Tobias, a witness for .the commonwealth, was asked this question: “ Q. In what condition did you find the stream? A. I found the stream full of paper and mud and a very foul odor coming from it.” Defendant’s counsel object and ask that the answer be stricken out. The Court: He may testify to that. “Q. Tell what you found there? ” Objected to, objection…
1Opinion of the Court
Opinion by
Head, J.,
The defendant, the borough of Ashley, was convicted- in the court below of maintaining a common and public nuisance. The bill of indictment charged that the defendant “unlawfully'did erect, maintain, etc., a certain sewer for-the purpose of carrying the waste water, excreta and other filth from the said borough into Solomon’s creek whereby said creek becomes polluted and thereby detrimental to the health of the good citizens, etc., who cannot thereabout reside without great inconvenience, danger, injury and annoyance, to the great and common nuisance, etc.” The defendant…
2Cases cited2 opinions
- Commonwealth v. YostSupreme Court of Pennsylvania · 1900
- Commonwealth v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1908
3Cited by2 opinions
- Dixon v. ShefferSuperior Court of Pennsylvania · 1911
- Mountain Water Supply Co. v. Sagamore Coal Co., Pennsylvania Court of Common Pleas, Fayette County1922