Commonwealth v. Fayette County Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county. The Eayette County Railroad Company was incorporated by Act of May 1st 1857. By the 5th section of the act it is provided that the stock of the company shall not be subject to a tax until the net earnings thereof shall amount to at least 6 per centum per annum upon the capital invested, and by the 1st section, that the company shall he “subject to the provisions of the act regulating railroad companies, approved February…
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Error to the Court of Common Pleas of Dauphin county. The Eayette County Railroad Company was incorporated by Act of May 1st 1857. By the 5th section of the act it is provided that the stock of the company shall not be subject to a tax until the net earnings thereof shall amount to at least 6 per centum per annum upon the capital invested, and by the 1st section, that the company shall he “subject to the provisions of the act regulating railroad companies, approved February 19th 1849,” by the 20th section of which the legislature reserves the power to resume, alter or amend any charter…
1Opinion of the Court
The opinion of the court was delivered, October 31st 1867, by
Read, J.
— The learned judge in the court below assumed that the special Act of the General Assembly, authorizing the incorporation of the Fayette County Railroad Company, formed a contract between the state and the company, and was not affected by the 26th section of the 1st article of the constitution, which did not become a part of that instrument until several months after the 1st day of May 1857, the date of its passage. Looking at it in this point of view only, we should probably agree with the court below, whose opinion is…
2Cases cited3 opinions
- Gilman v. City of SheboyganSupreme Court of the United States · 1863
- Watkins Ex Rel. Watkins v. WatkinsTennessee Supreme Court · 1929
- Kinney's Administrator v. LockwoodOhio Supreme Court · 1833
3Cited by1 opinion
- City of New Orleans v. St. Anna's AsylumSupreme Court of Louisiana · 1879