Legal Opinion

Commonwealth v. Phila. & Erie R. R.

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 33PublishedCited by 17 opinions

Appeal, No. 33, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1892, No. 492, in favor of Commonwealth on appeal from tax settlement. Appeal from tax settlement.

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Appeal, No. 33, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1892, No. 492, in favor of Commonwealth on appeal from tax settlement. Appeal from tax settlement. The settlement appealed from was as follows : Appraised value of capital common stock, . . $4,785,000.00 Tax three mills, $14,355.00 Dividend seven per cent on special stock, . . 2,400,000.00 Tax three and one half mills (one half mill for each one per cent of dividend), .... 8,400.00 Due Commonwealth, . , . $22,755.00 The facts were found as follows by Simonton, P. J.: “ This case was by agreement of the…

1Opinion of the Court

Opinion by

Mb. Justice Green,

The learned court below found specifically that “ If the net earnings are what remains after the operating expenses and the amount charged for interest on equipment have been deducted, the net earnings did not, in 1888, amount to six per cent on the capital invested; but if the net earnings are the gross receipts, less operating expenses only, the net earnings were more than six per cent.” The designated sum of money which constituted the amount paid for the use of the equipment was $168,403.75, and the learned court below decided that this could not be regarded as…

2Cases cited12 opinions

  1. St. John v. Erie Railway Co.Supreme Court of the United States · 1875
  2. Brown v. County CommissionersSupreme Court of Pennsylvania · 1853
  3. Evans v. PhillipiSupreme Court of Pennsylvania · 1887
  4. Safe Deposit & Trust Co. v. FrickeSupreme Court of Pennsylvania · 1893
  5. Malloy v. Commonwealth ex rel. ReinhardSupreme Court of Pennsylvania · 1887

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3Cited by17 opinions

  1. Commonwealth v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1926
  2. Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
  3. Wilkinsburg Boro. v. School DistrictSupreme Court of Pennsylvania · 1929
  4. Jefferson County v. Rose TownshipSupreme Court of Pennsylvania · 1925
  5. Loyalsock Township RoadSuperior Court of Pennsylvania · 1904

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