Commonwealth v. Slagel

Citations

• 33 Pa. Super. 514
• 1907 Pa. Super. LEXIS 328

Syllabus

<p>Nuisance — Highway—Road established hy prescription.</p> <p>An indictment for nuisance may be maintained against a person who maintains a nuisance upon a public highway established by prescription; but where a part of such prescriptive highway has been abandoned, arid a new way has been constructed by citizens and supervisors without any statutory proceedings, and without having obtained the consent of all the owners of the land over which the new road is laid out, an indictment cannot be maintained for acts on the new road which if committed on a legal highway would have been a public nuisance.</p> <p>It is impossible upon an indictment charging a public nuisance in obstructing and injuring a public highway to convict upon evidence which shows that it is not a public highway.</p>