Pennsylvania R. v. Bowers

Citations

• 124 Pa. 183
• 16 A. 836
• 1889 Pa. LEXIS 1019

Syllabus

<p>1. A grant to a corporation, by an act of assembly which, merely confers upon it a new right or enlarges an old one, without any consideration or any new or additional burden imposed upon it, is a mere license, and though accepted by the corporation may be repealed at any time.</p> <p>2. The power of the legislature to barter away to a corporation the right to authorize the recovery of damages for acts of negligence resulting in death, or to limit the right, so as to make it a binding contract beyond the reach of subsequent legislatures, may well be doubted.</p> <p>3. Section 2, act of April á, 1868, P. L. 58, limiting the liability of railroad companies and common carriers for personal injuries and injuries resulting in death, was avoided by § 21, article 111., of the constitution of 1871, even as to a corporation which had accepted its provisions.</p> <p>4. Penn. K. Co. v. Langdon, 92 Pa. 21, so far as it relates to the effect oí the constitution of 1874 upon the act of April 4, 1868, overruled: Philadelphia etc. Pass. Ky. Co.’s App., 102 Pa. 123; Johnson v. Crow, 87 Pa. 18-1; Christ Cliureh v. Philadelphia Co., 24 How. 300, followed.</p>