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


out of the great snow storm OF last January,
and defines the rights and 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 Haiues: .....
This case presents peculiar circumstances
for the consideration Of the Court and Jury.
On the 17th 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 filed, heofences 10 numerous in.
stances were thrown down, aud The travel,
leaving the public thoroushfares, took TO the
fields and enclosures Of private individuals.
Among other instances Of the kind here men
TONED, was one in Upper Oxford in this
county, along and through the land of the
Defendant. Here, for the distance of some
haif 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 stale of thugs continued
is not definitely settled, but a day or two be-
fore the time Of the conflict between these
parties, Mr.. Fox having collected large
number OF men, commenced TO open the
road along The line of his property, and sue.
ceeded in making q passage Of SIX feet wide
through the snow embaIknient here noticed.
He also put up his fence 10 prevent the travel
across his fields, and 10 Turn it again into its
proper charneI. Matters stood in this way
until the 3Oh day of January last, when The
prosecutor, Joseph P; Walton; drove up to The
mouth of the opening in the snow, with his
wife and child in sleigh. At the time of
his arrival, "lhe canal" as it has been called,
was filed with drove Of cattle, with seishs
impeded in their passage, and with broken
sled, and remained Tor the space OF half an
hour in that condition. ] mention Ills fact,
not because the rights of palties we're affect
ed thereby, for these impediments would 70,
give TO Mr. Walton auy rights over The prop
eny OF Mr. Fox,-but 10 inform you thai, in
the opinion of the Couu, they do not alter
the question 10 be determined. Whether
they had an effec! upon The mind OF MIR.
Walton, dsterminiIg him TO persist in going
tSVust the fisid, may DC matter w more
doubt. Having determined to cross the en-
closures of the defendant, Mr.. Walton, with
the assistance of MIR. Ross, proceeded 10 pull
down tt g 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
bade them not 10 attempt 10 enter. Mr.
Walton had his horse by the head, and was
10 The act OF leading him into The opening,
when Mr.. Fox struck The horse on the head,
and Mr.. Walton thereupon desisied from his
attempt to enter the close of the defendant
do no, mean TO speak Of the evidence on
this point---it is somewhat contradictory
and il is your duty, not mine, 10 examine
and 10 weigh it.
The parties having met as I have stated
the one determined 10 enter the grounds oil
the defendant, and The other resolved 10 pre-
vent the entry-it becomes necessary 10 ex.
anime the rights of the prosecutor and de-
fendant, and the principles of law which
should rule the Issue according TO the evil
dence. l will moi examine in regard 10 the
assault and battery. You have heard il com-
mented upon at the bar, and j, is enough fol-
ne 10 say tl,a,if the evidence of The prose-
cuior is believed, an assault and battery is
sufficiently proved, unless the rights Of The
defendant justify it. What then, were the
rights of those iadividuals2 By the Act oil
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 bic
roads and highways laid out, approved and
eniered Of record, shall, as soon as may be
practicable, be efec.ually opened, and con-
sian.ly kept in repair, and all public roads OF
highways, made or to be made, shall, at all
seasons, be kept clear Of all impediments to
easy and convenient passing and travelling,
at the expense of the respective township
as the law Directs" II will be seen by this
provision, that the supervisors of the town.
ship OF Upper Oxford were, on this occasion
alluded 10, neglectful of their duties. and il
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 impedimenis in the
public highways, and have made the differ.
eut passages easy and convenient. They
neglected. to perform the duties, assigned
Them, and this prosecution is the result o.
that neglect. The rights Of the parties, how,
ever, are not affected by the misieasancs o
the supervisors, and it still remains for us ,e
examine these rights. Inject this case, witt
the more pleasure, inasmnch as public opin
iou is unsettled on the subject, aud erroLeou'
views are entertained as 10 The right involvec
10 the issue. ..isll. .si. a s.
The right of MIR. Fox 10 the peaceable ant
uninterrupted enjoymen. Of his possessions
is the same as that of every individual in the
State. No man can modest him, in his houses
or lands, .wihoutbeeoming al once aires2as
ser, anddinDle ID the punishment due. Il
such offences. The law even gives him the