Obsteuct

To pile up or against: to render passage difficult or impossible; to impede or retard action, hinder or prevent from performing a duty or service. 1. To obstruct travel is to stop up and wholly prevent travel upon a road, or render the road unfit for travel.* A fence along a high-^'ay is an obstruction thereof, if it prevents public travel from being perfectly safe. > United States v. Slenker, 32 F. E. 694 (1887), cases, Paul, J.; United States v. Wightman, 29 id. 636 (1886), cases, and note. ' Commonwealth v. Sharpless,-2 S. & R. *91, 101 (ISIB), Tilghman, C. J. = Mc Nair v. People, 89 HI. 441 (1878); 92 id. 182. See generally 2 Whart. Cr. L. § 1432; Bradlaugh v. The Queen, L. E., 3 Q. B. D. 607 (1878). * Wright V. Crane, 13 S. & R. *452 (1825), TUghman, C. J. See also Snowden v. Snowden, 1 Bland, Ch. 556 (1829); Hill 11. Smith, 1 Morris, *79 (Iowa, 1840). » Boyd V. United States, 116 U. S. 635 (1886). " [Newburyport Turnpike Corporations. Eastern E. although it does not extend across the road.' See Open, 1 (7). The primary purpose of streets is use by the public for travel and transportation, and the rule is that any obstruction or encroachment which interferes with such use is a public nuisance. But there are exceptions to the rule, born of necessity and Justified by public convenience. An abutting: owner engaged in building may temporai-ily encroach upon the street by the deposit of building materials. A tradesman may convey goods to or from his adjoining store, A coach or omnibus may stop to take up or set down passengers, and use for public travel may be temporarily interfered with in a variety of other ways without the creation of a nuisance; but all such interruptions and obstructions must be justified by necessity. It is not sufficient that the obstructions are necessary with reference to the business of him who creates and maintains them. They must also be reasonable with reference to the righ^Xjf ttje public, who have interests which may not be sacrificed or disregarded. Whether an obstruction is -necessary and reasonable must generally be a question of fact to be determined upon the evidence relating thereto. ^ One who wrongfully pulls a signal rope and stops a train does not "obstruct " the train.' 2, " Any person who shall knowingly and willfully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier carrying the same, shall, for every such offense, be punishable by a fine of not more than one hundred dollars." * When acts which create an obstraction of the mails are in themselves unlawful the intention to obstruct will be imputed to their author, although to attain another end may have been his primary object. The prohibition has no reference to acts lawful in themselves, from the execution of which a temporary delay to the malls unavoidably follows.^ The offense is complete when one or more persons imlawf ully prevent the moving of a ra Uroad train carrying the mails.* 8. Obstructing an offtcer executing lawful process Is an offense against public justice.' The offense is committed when he is prevented by actual violence, or by threats of violence which it is in the power of the offender to enforce, from executing the writ.* See Resist. > Mosher v. Vincent, 39 Iowa, 609 (1874); Stater. Leaver, 62 Wis. 892 (1885). So as to obstructing a railroad track. State v. Kilty, 88 Minn. 422 (1881). In Nashville, &c. E. Co. V. Carroll, 6 Heisk. 368 (1871), held that such " obstruction " was not for expert testimony. 2 Callanan v. GUman, 107 N. Y. 865 (1888), cases. » Commonwea,lth v. Killian, 109 Mass. 374 (1872). See Eeg. V. Hardy, L. R., 1 C. C. 280 (1870), as to false signal. < R. S. § 3995: Act 8 June, 1872. 'United States v. Kirby, 7 Wall. 486 (180G), Field, J. » United States v. Kane, 19 F. R. 42 (1884). See also United States v. Claypool, 14 id. 127 (1882). ' 4 Bl. Com. 129. s United States v. Lowry, 2 Wash. 170 (1808); United