Dexter & Northern Railroad v. Foster

The defendants interpose preliminary objections which they allege are jurisdictional and require the dismissal of the petition herein.

I think the first, second and third grounds of objection, in substance, that the plaintiff fails to allege sufficiently its incorporation and that it has paid the required sum pursuant to the Railroad Law and that it has obtained from the Public Service Commission the certificate required by law, or, if so, that it has been filed or recorded, are not well taken at this time, but are more properly allegations which may be embodied in an answer.

The petition…