Legal Opinion

Railway Co. v. Philadelphia

Supreme Court of the United States

Decided March 18, 1880No. 177PublishedCited by 26 opinions

Error to tbe Supreme Court of tbe State of Pennsylvania. This was an action brought in the Court of Common Pleas, No. 2, for the county of Philadelphia, by the city of Philadelphia against the Union Passenger Railway' Company of Philadelphia. The following case was stated for the opinion of the court, with the right to either party to sue out a writ of error to the judgment.

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Error to tbe Supreme Court of tbe State of Pennsylvania. This was an action brought in the Court of Common Pleas, No. 2, for the county of Philadelphia, by the city of Philadelphia against the Union Passenger Railway' Company of Philadelphia. The following case was stated for the opinion of the court, with the right to either party to sue out a writ of error to the judgment. That by “An ordinance supplementary to an ordinance entitled ‘ An ordinance to regulate passenger railways,’ approved July 7, 1857,” approved April 1, 1859 (139), and by the third section .thereof, it is provided, — “…

1Opinion of the CourtJustice Clifford

Stipulations, in a statute of a State, exempting certain property, rights, or franchises from taxation, or engaging that the same shall be taxed only at a certain rate, if made for a valuable consideration received by the State whose legislature enacted the stipulation, is a contract, and as such comes within the rules of decision specifying the description of contracts entitled to protection from modification or repeal under the guaranty of the tenth section of the first article of the Constitution. -

Exemptions of the kind, however, are to be strictly construed, the rule being that the right…

2Cases cited5 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  3. Holyoke Co. v. LymanSupreme Court of the United States · 1873
  4. Rice v. Railroad Co.Supreme Court of the United States · 1862
  5. Pennsylvania College CasesSupreme Court of the United States · 1872

3Cited by26 opinions

  1. Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
  2. City of St. Louis v. United Railways Co.Supreme Court of the United States · 1908
  3. Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
  4. Mills v. State Board of EqualizationMontana Supreme Court · 1934
  5. Commonwealth v. Overholt Co., Inc.Supreme Court of Pennsylvania · 1938

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