Philadelphia & Reading Railroad v. River Front Railroad
Supreme Court of Pennsylvania
Appeal, No. 159, Jan. T., 1895, by defendant, from decree of C. P. No. 4, Phila. Co., Dec. T., 1889, No. 367, on bill in equity. Bill in equity to compel the performance of covenants contained in a contract.
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Appeal, No. 159, Jan. T., 1895, by defendant, from decree of C. P. No. 4, Phila. Co., Dec. T., 1889, No. 367, on bill in equity. Bill in equity to compel the performance of covenants contained in a contract. The case was referred to Charles E. Morgan, Jr., Esq., as master, who reported as follows : “ By the bill it is averred that the plaintiff, the Philadelphia & Reading Railroad Company, was incorporated under the act of assembly of this commonwealth, entitled ‘ An act to authorize the governor to incorporate the Philadelphia & Reading Railroad Company,’ approved April 4, 1833, under which…
1Opinion of the Court
Per Curiam,
We are disposed to affirm this decree upon the record as it is now presented to us. In doing so we think it just to the parties that we state our view of the relations they occupy to each other.
First: The rules adopted by the joint action of the officers of these companies for the management and maintenance of that part of the River Front Railroad that is the subject of this contention amount to an agreement or contract upon the subjects to which they relate.
Second: Such contract is not irrevocable but is subject to such modification as circumstances may require in order to promote…
2Cited by5 opinions
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