Commonwealth v. Buffalo, Rochester & Pittsburg Railway Co.

Supreme Court of Pennsylvania October 12, 1903

Commonwealth v. Buffalo, Rochester & Pittsburg Railway Co., 207 Pa. 160 (Pa. 1903)

56 A. 412; 1903 Pa. LEXIS 461

Beown, Brown, Dean, Fell, Mesteezat, Mitchell, Pottee

Opinion of the Court

Opinion by

Mr. Justice Brown,

This case was argued with Commonwealth v. Buffalo & Susquehanna Railroad Company, No. 7, May Term, 1903, and, for the reasons given in the opinion filed in that case, the judgment must be affirmed. Though the merger was of the Pitts-burg and State Line Railroad Company, a Pennsylvania company incorporated under our Act of April 4, 1868,' P. L. 62, with the Buffalo, Rochester & Pittsburg Railroad Company, a New York corporation, in section 4 of the Act of March 24, *1621865, P. L. 49, there is a provision similar to that in the act of 1861, by which all the rights, privileges and franchises of each of such combining companies vest in them jointly upon their consolidation.

Judgment affirmed.

Reference

Full Case Name: Commonwealth v. Buffalo, Rochester & Pittsburg Railway Company
Cited By: 2 cases
Status: Published
Syllabus: Railroads—Consolidation—Taxation—Bonus—Act of March 24, 1866, P. L. 49. A railroad company formed under the Act of March 24, 1865, P. L. 49, by the consolidation of a Pennsylvania company and a New York company, has all the rights and franchises of the merging companies, and if the Pennsylvania company has the right under the act of June 4, 1883, to increase its capital stock up to $150,000 per mile without payment of bonus, the consolidated company has the same right.