Frankford & Philadelphia Passenger Railway Co. v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: to July Term 1867, No. 183. This was an amicable action and case stated, filed March 23d 1867, in which the Frankford and Philadelphia Passenger Bail-way Company were plaintiffs and the City of Philadelphia defendant. The facts agreed on in the case were that the plaintiffs were a corporation under Act of April 10th 1862 (Pamph. L. 393) and its supplement of March 21st 1865 (Pamph.
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Error to the District Court of Philadelphia: to July Term 1867, No. 183. This was an amicable action and case stated, filed March 23d 1867, in which the Frankford and Philadelphia Passenger Bail-way Company were plaintiffs and the City of Philadelphia defendant. The facts agreed on in the case were that the plaintiffs were a corporation under Act of April 10th 1862 (Pamph. L. 393) and its supplement of March 21st 1865 (Pamph. L. 499); in pursuance of their powers, they agreed with the Frankford and Bristol Turnpike Company, for $1000 per annum, to lay rails upon the turnpike; they have laid…
1Opinion of the Court
The opinion of the court was delivered, March 2d 1868, by
Strong, J.
The argument on behalf of the plaintiffs starts with the assertion that, being a corporation created by the state, they are subject only to such burdens as are clearly imposed by their charter. If by this it is meant that they are subject to no other burdens, regulations or restrictions than those which are expressly enumerated 'in the Act of Assembly which authorized their corporate existence, we cannot yield our assent to it. They were incorporated with two privileges. The one was a right to construct a railway upon and…
2Cited by14 opinions
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Minneapolis Street Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1949
- Philadelphia Suburban Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1951
- Point Bridge Co. v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1913
- Lansdowne Borough v. Springfield Water Co.Superior Court of Pennsylvania · 1901
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