Commonwealth v. Northern Central Railway Co.

Citations

• 7 Pa. Super. 234
• 1898 Pa. Super. LEXIS 274

Syllabus

<p>Nuisance — Overhead bridge — Obstructing highway — Question for jury.</p> <p>On a trial of an indictment for erecting and maintaining a common nuisance by the construction of an overhead bridge over a turnpike road, the court properly defined the true question for the jury to be, Whether the erection of the bridge worked injurious results to the people by being an unreasonable obstruction upon a public highway and thereby unreasonably inconveniencing and incommoding public travel ?</p> <p>Evidence — Nuisances—Bridge over highway.</p> <p>The obligations and duties of a corporation which has erected a bridge over a public highway, cannot be measured by the manner in which another corporation discharges its obligations in the same direction. Evidence of the conditions of a similar bridge is not admissible for defendant on indictment charging a defendant with maintaining a nuisance in the erection of a bridge over a public highway.</p>