Commonwealth v. Royce
Supreme Court of Pennsylvania
Commonwealth v. Royce, 152 Pa. 88 (Pa. 1892)
25 A. 162; 1892 Pa. LEXIS 1175
Heydrick, McCollum, Mitchell, Paxson, Sterrett, Williams
Commonwealth v. Royce
Opinion of the Court
We are of opinion that the court below was right in directing a verdict for the defendants. Even if we concede there was sufficient evidence of the acceptance of the street by the public authorities of the borough of East Brady, such acceptance was merely of the street as it had been actually opened and used. The evidence shows that the fence complained of was not upon the opened and traveled part of the highway. It follows that it was not a public nuisance.
Judgment affirmed.
Reference
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- 9 cases
- Status
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- Syllabus
- Criminal law — Nuisance—Fence in street. An indictment for obstructing a' street by a fence cannot be sustained where it appears that the fence was not upon the opened and traveled part of the street, nor in that portion which had been actually accepted by the public authorities.