Philadelphia v. Ridge Ave. Ry. Co.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 96 January Term 1891, Sup. Ct.; court below, No. 20 December Term 1889, C. P. No. 2. On November 21, 1889, the city of Philadelphia brought assumpsit against the Ridge Avenue Passenger-Railway Company.
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No. 96 January Term 1891, Sup. Ct.; court below, No. 20 December Term 1889, C. P. No. 2. On November 21, 1889, the city of Philadelphia brought assumpsit against the Ridge Avenue Passenger-Railway Company. Subsequently, a case stated was filed by the plaintiff and defendant, as follows : The Girard College Passenger-Railway Company was incorporated by the act of April 15,1858, P. L. 300, with an authorized capital of ten thousand shares of the par value of fifty dollars each. The act required the company to “ annually pay into the treasury of the city of Philadelphia, for the use of said…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
It appears from the case stated that the Ridge Avenue Passenger-Railway Company resulted from the merger and consolidation, under the statute, of the Girard College and the Ridge Avenue & Manayunk Passenger-Railway companies; the former incorporated under the act of April 15,1858, P. L. 300, and the latter under the act of March 28,1859, P. L. 264: By the terms of their respective charters, the original companies were required, annually, to “ pay into the treasury of the city of Philadelphia, for the use of the said city, whenever the dividends shall exceed six per…
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