R. R. v. . Lumber Co.

The defendant alleged that the plaintiff, instead of being incorporated for the purpose of becoming a public common carrier, was a purely private corporation and formed as a subterfuge and for the purpose of evading the result of a litigation pending between the defendant and the Branning Manufacturing Company, which had been restrained (691) from entering upon the lands of the defendant, and whose officers, etc., were the same as those of plaintiff corporation. The plaintiff acknowledged in the affidavits of its officers that it was incorporated in the interest of the Branning Manufacturing…