Commonwealth v. Royce

25 A. 162, 152 Pa. 88, 1892 Pa. LEXIS 1175

Opinion

Per Curiam,

We 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.

Judgment affirmed.