New York & Pennsylvania Railway Co. v. Public Service Commission

Citations

• 72 Pa. Super. 523
• 1919 Pa. Super. LEXIS 359

Syllabus

<p>Public service corporations — Surrender of charter — Act of April 9, 1856, P. L. 898 — Public Service Company Law.</p> <p>The Act of April 9, 1856, P. L. 293, furnishes a full and complete method of procedure for corporations desiring to surrender their charter powers and quit business or dissolve. There is nothing in the Public Service Company Law, giving the Public Service Commission power and authority to regulate corporations, which applies to such surrender or dissolution. The provisions of that act are limited to such corporations as continue to retain their charters and enjoy their franchises and are actually engaged in the service of the public, under their charter rights.</p> <p>Public service corporations — Surrender of charter — Jurisdiction, C. P. .</p> <p>The court of common pleas, wherein the corporation is doing business, has jurisdiction to entertain a petition for dissolution; under the provisions of the Act of April 9, 1856, P. L. 293. A decree of dissolution, made in accordance with such petition, is not contrary to the provisions of the Public Service Company Law.</p> <p>Where a railroad company ceased to do business and presented its petition to have its charter dissolved, which was granted by the court of common pleas and a decree entered, it is not necessary also to obtain the consent of the Public Service Commission before ceasing to exercise its charter rights.</p>