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· 5/21/1919

Schaper v. Cleveland & Erie Railway Co.

Citations

  • 265 Pa. 109
  • 108 A. 407
  • 1919 Pa. LEXIS 506

Syllabus

<p>Railroads — Rates—Change of rates — Contract—Government supervision — Right of way — Specific performance — Equity.</p> <p>A contract between a railway company and a landowner, by which the latter grants to the former a right-of-way, in consideration of receiving round-trip tickets and books of tickets at certain rates, is subject to the power of the State to change the rates in the future, in the exercise of the governmental authority; and such contract cannot be specifically enforced by the landowner.</p>

Judges: Brown, Frazer, Kephart, Simpson, Walling

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