Carothers v. Philadelphia Co.

Citations

• 118 Pa. 468
• 12 A. 314
• 1888 Pa. LEXIS 411

Syllabus

<p>The Philadelphia Company on its organization in 1884 became possessed of all the powers conferred upon the Empire Contract Company, incorporated under the act of March 22, 1871, P. L. (1873) 965, and all those possessed by the Pennsylvania Company, incorporated under the act of April 7, 1870, P. L. 1025, among which latter were: (1) To act as a contractor or builder, and as such to build, construct, maintain or manage for others. (2) To act as principal, and as such to build, construct, maintain or manage for itself. (3). To act as a purchaser, and as such to buy, maintain, or manage in its own name or otherwise “ any work, public or private, which may tend or be designed to improve, increase, facilitate, or develop ” trade, travel, transportation and conveyance of freight, live stock, passengers, or any other traffic, with power “ to enter upon and occupy the lands of individuals or companies on making payment thereof or giving security according to law.” Soon after its organization, said company engaged in the business of the production and supply of natural gas for fuel: Held,</p> <p>1. That the special act incorporating the original company, while it may be improvident in some of its provisions, is nevertheless valid: Its title was a sufficient compliance with the constitution.</p> <p>2. The grant of power therein is sufficiently comprehensive to authorize the Philadelphia Company to engage in the production, distribution and supply of natural gas.</p> <p>3. The said company possessed the right of eminent domain under the provisions of the charter: If this be doubtful, it acquired such right under the act of March 29, 1885, P. L. 29.</p> <p>4. The general system for the assessment of damages provided by the act of 1885, is applicable to companies engaged in the transportation of natural gas at and before its passage, as well as to those organized for that purpose under its provisions.</p> <p>5. Whether a single corporation, organized under an “ omnibus charte