Boyle v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal from the decree of the Supreme Court at Nisi Prius. This was a stockholder’s bill by Timothy C. Boyle against The Philadelphia and Reading Railroad Company, and others, managers and officers of said company, setting out the incorporation of the defendants, with authority, by Act of Assembly of April 3d 1833, and other acts, to make a railroad from Philadelphia to Reading and Pottsville, with such powers “ as may be necessary or incident to the malting and maintaining…
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Appeal from the decree of the Supreme Court at Nisi Prius. This was a stockholder’s bill by Timothy C. Boyle against The Philadelphia and Reading Railroad Company, and others, managers and officers of said company, setting out the incorporation of the defendants, with authority, by Act of Assembly of April 3d 1833, and other acts, to make a railroad from Philadelphia to Reading and Pottsville, with such powers “ as may be necessary or incident to the malting and maintaining the said railroad, and the conveyance of passengers and the transportation of the mails and of goods, merchandise and…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
We adopt the opinion delivered at Nisi Prius when the bill of the complainant was dismissed. Nothing in the argument before us has brought us to doubt the soundness of the conclusion then reached. It would be easy to show more fully, were it mecessary, that a grant of power to enter into the business of transportation of passengers and merchandise carries with it authority to enter into the contracts by which the business of common carriage is conducted, but it is too obvious to require argument to prove it. And when several distinct powers…
2Cited by8 opinions
- Coplay Cement Manufacturing Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1921
- Geiger v. President of the Perkiomen & Reading Turnpike Road.Supreme Court of Pennsylvania · 1895
- Cunningham v. PottsDistrict Court, W.D. Washington · 1925
- Peru Turnpike Co. v. Town of PeruSupreme Court of Vermont · 1917
- Berwind-White Coal Mining Co. v. United StatesDistrict Court, E.D. Pennsylvania · 1925
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