Windsor Glass Co. v. Carnegie Co.

Citations

• 204 Pa. 459
• 54 A. 329
• 1903 Pa. LEXIS 829

Syllabus

<p>Corporations—Powers—Equity—Act of June 19, 1871, P. L. 1360.</p> <p>The Act of June 19, 1871, P. L. 1360, which gives courts the right of inquiry at the instance of private parties into the existence and extent of franchises conferred by corporate charters when the latter are set up in support of acts injurious to the individual parties complaining, limits the inquiry to the nature and extent of the franchises prima facie conferred by the charter, and does not extend it to the validity of the charter itself.</p> <p>■Where on a bill in equity filed under the act of June 19,1871, it appears that the defendant was a railroad company regularly organized for public use in the conveyance of persons and property, the bill cannot be maintained on averments that the railroad actually built was merely a private railroad, located upon the property of a manufacturing company and used exclusively for the purposes of the manufacturing company, and not furnishing passenger ears at all, or stations, or freight cars, which the public can use as they have a right to use a public railroad. /</p>