Commonwealth v. Erie & North-East Railroad
Supreme Court of Pennsylvania
Bill in equity. The bill set out that the respondents were a corporation under the Act of 12th April, 1842, entitled “ an act to incorporate the Erie and North-East Railroad Company, and for other purposes.”
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Bill in equity. The bill set out that the respondents were a corporation under the Act of 12th April, 1842, entitled “ an act to incorporate the Erie and North-East Railroad Company, and for other purposes.” The act provides, inter alia, that the “ president and managers of said company, by themselves or their agents, shall have power to construct a railroad from the borough of Erie to some point on the east boundary line of the township of North-East, in the county of Erie,” &c.; also, that “ the said railroad shall be so constructed as not to impede or obstruct the free use of any public…
1Opinion of the Court
The opinion of the court was delivered,
by Black, C. J.
This case requires us to give a construction' to the charter of a private corporation. The frequency of such cases excites some surprise, when we reflect that an act of incorporation is and always must be interpreted by a rule so simple, that no man, whether lawyer or layman, can misunderstand or misapply it. That which a company is authorized to do by its act of incorporation, it may do; beyond that all its acts are illegal. And the power must be given in plain words or by necessary implication. All powers not given in this direct and…
2Cases cited2 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Bacon v. ArthurSupreme Court of Pennsylvania · 1835
3Cited by44 opinions
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- Lazarus v. MorrisSupreme Court of Pennsylvania · 1905
- Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
- In re License of UmholtzSupreme Court of Pennsylvania · 1899
- Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1916
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