Yeingst v. Philadelphia, Harrisburg & Pittsburg Railroad

Citations

• 40 Pa. Super. 106
• 1909 Pa. Super. LEXIS 574

Syllabus

<p>Railroads — Widening road — Consolidation and merger — Acts of February 19, 1849, P. L. 79, and March 17, 1869, P. L. 12.</p> <p>1. The Act of March 17, 1869, P. L. 12, relating to the widening and straightening of railroads applies to a railroad company formed by the merger and consolidation of two railroad companies having powers conferred upon railroad companies by the Act of February, 19, 1849, P. L. 79.</p> <p>2. Where a railroad company is formed by the consolidation and merger of two other companies, a private suit cannot attack the validity of a special act incorporating one of the companies, because of a deficiency in the title of the act. Such a question can only be raised by the commonwealth in a direct proceeding for that purpose.</p>