Bayard’s Notebook, 86
Court of Quarter Sessions of Delaware, New Castle County.
December, 1794.
Indictment for stopping a public way. The locus in quo had been conveyed to the defendant’s husband, and it did not appear that the defendant who occupied it had notice of the public way or had been required to remove the obstruction.
The Court held that notice should have been given of the nuisance or the defendant’s knowledge of it proved, without which she could not be convicted.
The jury accordingly gave a verdict for defendant.
Vandyke for State. Read and Bayard for defendant.
Page 361
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