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· 3/28/1921

Easton Transit Co.'s Petition

Citations

  • 270 Pa. 136
  • 112 A. 917
  • 1921 Pa. LEXIS 341

Syllabus

<p>Corporations—Surrender of power—Parties—Appeals—Act of April 9,1866, P. L. %98.</p> <p>1. By proper proceedings the State may always release a cor~. poration chartered by it from the performance of any public duties required by the charter.</p> <p>2. Under the Act of April 9, 1856, P. L. 293, the only question to be determined-on the hearing of a petition by a corporation for leave to surrender any power contained in its charter, is whether or not such surrender may be granted without prejudice to the public welfare or the interests of the corporators.</p> <p>3. If the petition is granted, the only persons who can appeal from the decree of the court below, are those who are entitled to represent the public, those who are corporators or those having some personal right necessary to be specially protected.</p> <p>4. Individual citizens whose interests are different in degree but not in kind from those of other citizens, are not entitled to appeal therefrom.</p>

Judges: Frazer, Kephart, Sadler, Simpson, Walling

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