152 Pa. 88
Decided November 7, 1892
Supreme Court of Pennsylvania · decided 1892-11-07
Appeal, No. 163, Oct. T., 1892, by plaintiff, from judgment of Q. S. Clarion Co., Nov. T., 1891, No. 8, on verdict for defendants, Mary A. Royce and C. N. Royce. Indictment for obstructing a street by a fence. At the trial, before Baer, P. J., there was evidence to the effect that in 1866 John M. Cunningham laid out a large part of the borough of East Brady in town lots, streets and alleys.
Good law ✅— No negative treatment on recordhow we know
Decided 1892-11-07
Cited by 9 later decisions — most recently March 1983
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We are of opinion that the court below was right in directing a verdict for the defendants. Even if we concede there was sufficient evidence of the acceptance of the street by the public authorities of the borough of East Brady, such acceptance was merely of the street as it had been actually opened and used. The evidence shows that the fence complained of was not upon the opened and traveled part of the highway. It follows that it was not a public nuisance.
¶2Judgment affirmed.