State v. Peckard

5 Del. 500

Opinion

If the commissioners are resisted or obstructed in the exercise of their office, that is an indictable offence, but no nuisance: if the public earth is taken away, that is a trespass; but to make out a case of nuisance it must amount to an obstruction of the street, something that renders it less convenient to the public generally.

Verdict not guilty.