Commonwealth v. McNaugher

Citations

• 131 Pa. 55
• 18 A. 934
• 1890 Pa. LEXIS 1082

Syllabus

<p>[To be reported.]</p> <p>1. When the commonwealth has laid out public land as a town site, establishing streets and alleys thereon, and declaring by a statute that they shall be common highways forever, sueli streets and alleys are not within the rule requiring that land dedicated ás a highway must be accepted as such by the public, before an obstruction thereof can amount to a public nuisance.</p> <p>‘J. Any private occupation or obstruction of a highway so established, such as the erection of a building or fence thereon, is a nuisance, although, for want of gradingby the local authorities, the street has never been passable otherwise than on foot, and although it is not shown that there is or has been any travel thereon, by foot passengers or otherwise, which has been actually incommoded.</p>