Commonwealth v. Philadelphia Market Street Subway-Elevated Railway Co.

Opinion by

Mr. Justice Cohen,

The Philadelphia Market Street Subway-Elevated Bailway Company, appellant, was originally incorporated as the Market Street Elevated Passenger Bail-way Company for a period of 999 years under the Act of June 7, 1901, P. L. 523, 67 P.S. §§1391, 1393-1394, 1396-1411. Its stock was thereafter purchased by the *359Philadelphia Rapid Transit Company (P.R.T.) which controlled almost all of the street passenger railway companies in Philadelphia at the time but which, since it had no corporate power to operate a subway-elevated system, had to expand into the subway-elevated…