Legal Opinion

Pennsylvania Railroad v. Canal Commissioners

Supreme Court of Pennsylvania

Decided December 29, 1852PublishedCited by 22 opinions

This was a proceeding had upon petition on the part of the Pennsylvania Railroad Company, by its President, praying for the issuing of a writ of mandamus to the Canal Commissioners.

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This was a proceeding had upon petition on the part of the Pennsylvania Railroad Company, by its President, praying for the issuing of a writ of mandamus to the Canal Commissioners. It was addressed to the Supreme Court for the Western District of Pennsylvania, in September, 1852. It represented, inter alia, as follows: | “ That they are a Company constituted a body politic and corporate, under this title, by an Act passed on the 13th day of April, 1846, entitled, ‘ An Act to incorporate the Pennsylvania Railroad Companyby which enactment and various supplements, they are authorized to…

1Opinion of the Court

The opinion of the Court was delivered at Philadelphia, by

Black, C. J.

— This writ of mandamus was issued at Pittsburgh, and made returnable there to the Supreme Court for the Western District. It is objected that we have no jurisdiction there, because the chief place of business for the Canal Commissioners is at Harrisburg in the Middle District. The objection seems to be taken in obedience to what the respondents deem a public duty, and has been rather faintly urged. Our jurisdiction is over the whole state. It is not the practice to issue writs beyond the district in which they are made…

2Cited by22 opinions

  1. State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
  2. Perry County Telephone & Telegraph Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1919
  3. Bly v. White Deer Mountain Water Co.Supreme Court of Pennsylvania · 1900
  4. York Haven W. & P. Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1926
  5. Sipe v. Local Union No. 191 United Brotherhood of Carpenters & JoinersDistrict Court, M.D. Pennsylvania · 1975

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