Railways were soon considered as a nuisance to the public, and on March 30th, at York, an action of _Rex_ v. _Pease and others_ was tried. It was an indictment for a nuisance against the Stockton and Darlington Railway Company, which was opened on September 27, 1825. By an Act of Parliament, passed in 1821, the defendants were authorized to form a railway from Darlington to Sunderland, and, by another Act passed in 1823, they were authorized to use locomotive engines thereon. The railway which, it was agreed, had been formed upon the line pointed out in the Act of Parliament, was opened for public use in 1825. Only one steam engine was at first used; but the number gradually increased till there were seven in operation. This increase had been rendered necessary by the increasing business on the railway. For about a mile and three-quarters the railway runs in a parallel line with the high-road leading from Yarm to Stockton, the two roads being at an average distance from each other of fifty yards. The nuisance complained of was the fright and danger which the noise and the smoke of the steam engines occasioned to passengers on this part of the highway. A variety of witnesses proved that accidents frequently happened in consequence of horses taking fright at the steam engine. Counsel for the railway stated that he was willing to admit that his clients had been guilty of a nuisance, unless their conduct was justified by the Act of Parliament, according to the directions of which, the railway had been formed, and the steam engines used. He suggested, therefore, that the best mode would be for the jury to return a special verdict, finding the facts already proved, and also that the defendants had used the best engines they could procure, and availed themselves of every improvement offered. The counsel for the prosecution, after some deliberation, agreed to the proposal, and a nominal verdict of guilty was recorded.