Commonwealth v. Baltimore & Ohio Railroad

Citations

• 35 Pa. Super. 474
• 1908 Pa. Super. LEXIS 67

Syllabus

<p>Railroads — Obstructing public highway — Nuisance—Common-law offense — Indictment.</p> <p>A railroad company which operates its cars and trains in such an arbitrary and unreasonable manner across a public highway as to create a public nuisance, may be indicted for and convicted of the common-law offense of unlawfully obstructing a public highway.</p> <p>In such a ease an indictment is sufficient which charges that the defendant “in and across the public highway , . . . unlawfully did keep and maintain a railroad track and way and did use the said track and way for the frequent and rapid passing and repassing of trains, whereby the use of the said road was and continues to be dangerous, obstructed and straitened so that the good citizens could not and have not been able since to pass and repass as they ought and of right should and were wont to do.”</p>