Pennsylvania Railroad v. Philadelphia County
Supreme Court of Pennsylvania
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.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
It may be conceded that the legislature has a power of supervision over corporations exercising quasi public functions, *111which in general includes the right to regulate the rates and charges of railroads as common carriers. The principles on which the right is based as well as its extent and limitations have, however, been very broadly assumed, and in many the recent cases without adequate consideration of the exceptional nature of this legislative power exercised in derogation of the fundamental principle that the management of property belongs to its…
2Cases cited5 opinions
- Wagner Free Institute v. PhiladelphiaSupreme Court of Pennsylvania · 1890
- Brymer v. Butler Water Co.Supreme Court of Pennsylvania · 1897
- Williamsport Pass. Ry. Co. v. WilliamsportSupreme Court of Pennsylvania · 1888
- Hays v. Commonwealth ex rel. McCutcheonSupreme Court of Pennsylvania · 1877
- Commonwealth ex rel. Attorney-General v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1868
3Cited by21 opinions
- Pennsylvania Railroad v. EwingSupreme Court of Pennsylvania · 1913
- Pennsylvania R. R. Co. v. DriscollSupreme Court of Pennsylvania · 1939
- Schaad v. Hotel Easton Co.Supreme Court of Pennsylvania · 1952
- Baltimore & Ohio R. R. v. Public Service CommissionSuperior Court of Pennsylvania · 1917
- Penna. R.R. Co. v. Public Ser. Com.Court of Appeals of Maryland · 1915
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