The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-20
INTERESTING LEGAL DECISION.

OateTy uHIer sucn circumstances as mace
the case of general interest. The case grew
out OF the great snow storm Of last January,
and defines the rights aud responsibilities Of
land owners, supervisors and the travelling
public in cases of temporary obstruction
of the public highway. The following is the
charge Of Judge Haines:
This case presents peculiar circumstances
for the consideration of the Court and Jury.
On the l7th and 18Th days of January last,
snow storm began and continued, which,
in many places, rendered the public high
ways utterly impossible. The public pass
ages were filled, the fences in numerous in.
stances were thrown down, and the travel,
leaving the public thoroushfares, took 10 The
fields and enclosures Of private individuals.
Among other instances of the kind hero men,
toned, was one in Upper Oxford in this
county, along and through the land of the
Defendant. Here, for The distance of some
half mile, the public highway was filled TO
the depth of six feet, rendered utterly i'm
passable and the fences of the defendant
were thrown down, his enclosures laid open,
and his fields were travelled over by the pub
lie. How long this state of things continued
is not definitely seued, but a day or Two be-
fore the time of the conflict between these
parties, MIR. Fox having collected large
number OF men, commenced 10 open the
road along The line of his properly, and sue.
ceeded in making passage of six feet wide
through the snow embaEkMent here noticed.
He also put up his Ience to preven, the travel
across his fields, and 10 turn ii again into lis
proper charuel. Matters stood in this way
until The 3olh day of January last, when the
prosecutor, Joseph 2. Walton, drove upto the
mouth of the opening in the snow, with his
wife and child in a sleigh. At the time of
his arrival, "ihe canal, - as it has been called,
was filled with drove Of cattle, with sleighs
impeded in their passage, and with broken
sled, and remained for the space of half an
hour in that condition. l mention ltis fact,
not because the rights of palties we're affect
ed thereby, for these impediments would not
give 10 Mr.. Walton any rights over The prop
erly Of Mr.. Fox,-but TO inform you that, in
The opinion of the Court, they do not alter
the question 10 be determined. Whether
they had an effee! upon the mind Of Mr..
Walton, determining him 10 psrsis, in going
through the field, may be mater of more
doubt. Having determined to cross The en-.
closures of The defendant, Mr.. Walton, with
the assistance of Mr.. Ross, proceeded 10 pull
down The fence At that moment MIR. Fox,
who had previously shouted at them, arrived
with shovel in his hand, and stationed
himself in the breach they had made, and
bads them not 10 attempt 10 enter. MIR.
Walton had his horse by the head, and was
in ihe act of leading him into the opening,
when Mr.. Fox struck the horse on the head,
and Mr.. Walton lhereupon desisled from his
attempt 10 enter the close of The defendant
| do not mean to speak of the evidence on
this point-it is somewhat contradictory
and il is your duty, not mine, 10 examine
aud TO weigh it,
The parties having met as have stated,
The one determined TO enter the grounds OF
tho defendant, ond tho other resolved TO pre-
vent the entry-it becomes necessary TO ex.
anime The rights Of the prosecutor and de-
feudant, and the principles of law which
should rule the issue according TO The evil
deuce. | will not examine in regard TO the
assault and battery. You have heard it COM
mented upon at the bar, and il is enough for
ne 10 say that if the evidence of the prose-
culor is believed, an assault and battery is
sufficiently proved, unless the rights of the
defendant justify it. What, then, were The
rights of those individuals! By the Act Of
the General Assembly of this Common.
wealth, passed 18th day Of June, 1886, the
supervisors of the different townships have
large and important duties imposed upon
them, and is therein provided that "Pu bile
roads and highways laid out, approved and
entered of record, shall, as soon as may be
practicable, be efecually opened, and con.
slanlly kept in repair, and all public roads or
highways, made or 10 be made, shall, at all
Seasons, be kept clear Of all mpedimen,s TO
easy and convenient passing and travelling,
at the expense of the respective township
as the law Directs" 1t will be seen by this
provision, tina, the supervisors of the town.
ship Of Upper Oxford were, on this occas ion
alluded TO, neglected. of their duties, and if
complained of, would have been punished in
the Court of Quarter Sessions of the county,
for gross neglect of their official Duties
They should have removed, at the earliest
possible moment, all the impedimens in the
public highways, and have made the differ
en-, passages easy and convenient. They
neglected TO perform the duties assigned
them, and this prosecution is the result of
that neglect. The rights of the parties, how'
ever, are not affected by the msteasance of
the supervisors, and it still remains for us to
examine these rights. Inject this case, with
the more pleasure, iuasmuch as public opn-
ION is unsettled on the subject, and erroneous
views are entertained as 10 the right involved
in The issue.
The right of Mr.. Fox TO The peaceabls and
uninterrupted enioy ment of his possessions, |