Legal Opinion · Dissent

Pennsylvania Railroad v. Philadelphia County

Supreme Court of Pennsylvania

Decided January 20, 1908No. Appeal, No. 346Published

Appeal No. 346, Jan. T., 1907, by defendant, from decree of C. P. No. 4, Phila. Co., March T., 1907, No. 5,312, on bill in equity in case of The Pennsylvania Railroad Company v. Philadelphia County. Bill in equity for an injunction to restrain the county of Philadelphia from the collection of any penalty imposed by the act .of April 5, 1907, for failure to comply with its provisions. Error assigned was decree entered in accordance with the terms of the opinion.

1DissentJustice Stewart

In expressing my dissent from the conclusion reached by the majority of the court, I shall not attempt any discussion of the very serious and important question which was given such prominence on the argument of the case, namely, whether a corporation having by the terms of its charter the right to *130fix and determine within certain defined limits its charges for transportation, the charter containing no provision for its repeal, alteration or amendment, can be required by legislative enactment to observe a rate lower than the maximum charge allowed by the charter. I avoid the question for the…

2Cases cited4 opinions

  1. Pennsylvania Railroad v. RibletSupreme Court of Pennsylvania · 1870
  2. Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
  3. Brymer v. Butler Water Co.Supreme Court of Pennsylvania · 1897
  4. Commonwealth v. Franklin Canal Co.Supreme Court of Pennsylvania · 1853

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