Tibby Bros. Glass Co. v. Pennsylvania Railroad

Citations

• 219 Pa. 430
• 68 A. 975
• 1908 Pa. LEXIS 593

Syllabus

<p>Railroads — Merger—Parallel and competing lines — Equity—Act of June 19, 1871, P. L. 1360 — Constitutional law.</p> <p>An individual landowner has no standing to maintain a bill in equity under the Act of June 19, 1871, P. L. 1360, against a railroad company-to enjoin a condemnation of his land, on the ground that the condemning company was constituted by a merger of two other railroad companies under the Act of March 22, 1901, P. L. 53, that such companies before the merger were parallel and competing companies, and that the merger therefore violated article XVII, sec. 4 of the constitution of Pennsylvania, which forbids railroad companies owning parallel or competing lines from being consolidated. The question of the validity of such merger can only be raised in a proper proceeding by the commonwealth.</p>