Philadelphia & Reading Railroad v. State

The opinion of the court was delivered by

Van Syckel, J.

The indictment in this case was for maintaining a nuisance in the township of Ewing. The nuisance complained of was a railroad crossing over a public highway, which was alleged to be more than ordinarily dangerous to the public on account of the surroundings of the crossing itself and the manner in which the defendant company operated its trains.

The company was convicted in the Mercer Quarter Sessions, whereupon the case was brought by writ of error into this court for review.

*72. On the trial below, the defendant requested the court, among…