Commonwealth v. Wilkes-Barre Etc. Ry. Co.

Citations

• 127 Pa. 278
• 17 A. 996
• 1889 Pa. LEXIS 1112

Syllabus

<p>[To be reported.]</p> <p>(а) A street railway company, as required by its incorporating act, obtained the consent of borough authorities to occupy a public street, but upon condition that its track should be laid in the centre line thereof and in such manner that vehicles could cross without hindrance.</p> <p>(б) The track was laid in the centre line of the street, as required by the action of council, but upon an open space formed by the intersection of other streets there was a slight deflection of the track from the centre line, to enter upon the private property of the company.</p> <p>1. The company being indicted for maintaining a nuisance in unlawfully obstructing the street by means of its track, in the absence of any averment in the indictment, or in an offer of proof, that the structure of the track, or its position, interfered in point of fact with public travel in any respect, the mere location of it did not constitute a nuisance, and the offer is inadmissible.</p>