Commonwealth v. Ruddle

Citations

• 142 Pa. 144
• 21 A. 814
• 1891 Pa. LEXIS 720

Syllabus

<p>1. When a public road, laid out across the tow-path of a canal company, is opened, the limit of its legal right, as against the prior and superior right of the company, is to cross with as little interference as possible with the navigation of the canal, including the use of the tow-path.</p> <p>2. And where the township supervisors, without legal proceedings and an order of court to justify it, made a fill upon the tow-path, interfering with the convenient and lawful use thereof by the canal company, the employees of the latter were not indictable for peaceably removing the obstruction.</p> <p>3. Where, on the trial of an indictment, the facts in evidence are admitted or undisputed,and are insufficient to establish that the offence charged has been committed by the defendant, it is the duty of the court, on request therefor, to direct the jury to return a verdict of not guilty.*</p>