10 Pa. Super. 524 | Pa. Super. Ct. | 1899
Opinion bt
“ It has been settled, if anything can be, that a road once laid
Nor can we see error in the charge of the court. It was plainly
The answers to the requests of the commonwealth for instructions are also without error. The court is not to be blamed for failing to understand the first, and the second and the answer thereto practically raised the entire issue in the case. The request was “ that, if the jury believe that the defendant placed his fence on or in part of the public road leading from the northwest corner of Sadsbury township to public road known as plank road — the road in question in this case — laid out and confirmed by the court, he would be guilty as indicted,” and the answer, “ This point is refused. It is the road as actually opened on the ground that is to be obstructed and not the one laid out on paper by the court.” The various specifications of error in some form spring from this one question and, inasmuch as it has been clearly settled by an unvarying series of decisions from the beginning of the administration of our present road law in 1836 down to the present time, from Holden v. Cole, supra, to Com. v. Dicken, 145 Pa. 453, there is scarcely room for contention in regard to it.
Judgment affirmed.