Commonwealth v. Railway Co.

Citations

• 14 Pa. Super. 336
• 1900 Pa. Super. LEXIS 55

Syllabus

<p>Pleading — Criminal law — Autrefois acquit.</p> <p>One test to ascertain whether a plea of autrefois acquit be a good bar, is whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first. Whether a former acquittal was for the same offense depends on the record pleaded and not on the argument or inference deduced therefrom. If that record shows that the evidence necessary to support a conviction on the present indictment would have been insufficient to procure a legal conviction on the former, the plea of autrefois acquit is not sustained.</p> <p>Railroads — Obstruction of highway — Former acquittal.</p> <p>Evidence sufficient- to convict a railroad company of the distinct offense of neglecting to provide a new road in lieu of a road lawfully taken would be insufficient to convict it of the offense of unlawfully entering upon and obstructing a highway. They are two distinct offenses; the former is not merely the constituent element of the latter.</p> <p>Railroads — Duty to reconstruct highway — TAability of successor to indictment for neglect.</p> <p>Where a railroad company has succeeded by purchase to the franchises, etc., of another company which originally occupied a highway, it becomes subject to the duties and liabilities relating thereto which rested upon the original company, and amongst them the duty to reconstruct the highway injuriously occupied by it.</p> <p>The Allegheny Valley Railway Company was incorporated under the Act of April 4, 1837, P. L. 345, as the Pittsburg, Kittanning & Warren Railroad Company. It was not until the Act of May 8, 1854, P. L. 648, that it was authorized to change the site of any turnpike, etc., upon assuming the burden of reconstructing such road longitudinally occupied. It follows therefore that any duty arising under the act of 1854, falls upon its successor,' the Allegheny Valley Railway Company, which is liable to indictment for neglect of such