Commonwealth v. Jackson

Citations

• 10 Pa. Super. 524
• 1899 Pa. Super. LEXIS 311

Syllabus

<p>Criminal law — Obstructing road — Fences—Road law — How boundaries determined.</p> <p>The question whether a fence is maintained within the limits of a public road is a question of fact for the jury and depends upon the location of the defendant’s fence with reference to the road as actually opened by the supervisors; offers of evidence by the commonwealth to show that the fence as erected by defendant was within the limits of the road as laid out by the viewers are inadmissible. The defendant is guilty only if he maintains his fence within twenty feet from the center of the generally traveled track as it was originally opened and not as laid out on paper by the court.</p>