Pennsylvania State Reports Volume N . 90

Pennsylvania State Reports Volume N . 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...as to be a serious inconvenience and dangerous obstruction to travel along the turnpike road, which is an established road or way, and thus has committed an act wholly unauthorized and illegal, and that this is an indictable nuisance, cannot, I think, be seriously Northern Central Railway Co. v. Commonwealth. doubted. The offence consists, not in crossing the turnpike road, but in the manner in which the crossing is constructed. The company has the right to cross it, but in doing so, it must so construct its railroad as not to obstruct the public travel or transportation of property over it. "Corporations, other than municipal, may become amenable to the criminal law for public nuisance and may be indicted therefor: Canal Co. v. The Commonwealth, 10 P. F. Smith 367. "It is the opinion of the court upon the facts found by the special verdict: 1st. That the turnpike road, made by the Harrisburg, Carlisle and Chambersburg Turnpike Road Company, is a public highway within the contemplation of the law permitting an indictment for the obstruction of travel on highways. 2d. That the Northern Central Railway Company is liable to indictment for obstructing the said turnpike road in the manner in which it has done in the construction of its railroad upon it. Therefore, the verdict of the jury must be entered against the Northern Central Railway Company, finding it guilty in manner and form as it stands indicted. "And now it is entered as the verdict of the jury, that the Northern Central Railway Company, the defendant in this case, is guilty in manner and form as it scands indicted, and thereupon, the sentence of the court is, that the Northern Central Railway Company abate the nuisance set forth in the indictment on or before the...show more

Product details

  • Paperback
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123689832X
  • 9781236898326