Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1852-08-14
THE sUNBURY G. ERIE RAIL ROAD
INJUNCTION CASE.

The following is the opinion OF the Su-
preme Court in the important case lately
decided at Sunbury
VIM. F. Packer ct al, VS.. The Sunbury aad
Erie RaitroGi ComPGny Black c j.
OPINION OF THE COURT.
The bill in this cause sets forth that the
plaintiffs are Stockholders in the Susque-
hanna Railroad Company, which was in
corporated by an Act of the Legislature,
passed 18th of April, 1851, and authorized
10 construct a road from Sunbury 10 Harris
burg or Bridgeport, with provision that
unless the work should be commenced three
years from the date of this act, the Charter
should be void that in pursuance of this
Act Of Incorporation large subscriptions
/ have been made to the capital stock Of the
Company, letters patent have been issued
by the Governor, officers have been elect
ed, corps of engineers employed, and an
exploratory survey made. The bill COM
plains that the Sunbury and Erie Railroad,
under color Of its charter and OF supple
ment passed in 1852, claimed to have the
authority to make and construct a Railroad
over the same route, and that the last men,
toned Company has actually begun the
construction of such road, and entered
upon the ground surveyed by the Company
to which the plaintiffs belong, and is at thi.
time prosecuting its work. These acts anc
doings are avowed 10 be contrary to equity
and good conscience, and without any au
uthority whatever in the Charter undel
which the Sunbury and Erie Railroad Com
pany pretends to be acting. The relic
prayed for is an injunction. This bill hav
ing been filed, preliminary injunction i
moved for, 10 prevent the defendants from
proceeding further until the cause is de
cided.
= The motion is resisted on the grounds
1st That the plaintiffs being corporator
have no right to sue, either at law or il
: equity, except by their corporate name
ID. That the survey Of the Sunbury an
= Erie Railroad Company was made 5efor
}, the issuing OF letters patent by the Cover
v nor TO the SusquehanRa Railroad Company
and Sd. That the 9th section oi the supple
: ment 10 the defendants charter, passed tn
9th OF March, 1852, gives to the Sunbur
g and Erie Company the right to extend j
n road from Sunbury, by the valley of tn
is Susquehanna, 10 such point on the Pent
n sylvania Railroad as they may deem exp'
u dient, and therefore the acts and doini
ID complained of are not uSurpations, but full
ID authorized by law.
&c The plaintiffs have right TO amer
vs. their bill by changing the name. For tn
purpose a motion has been made, and is no
pending. If, therefore, it be true that
final Injunction cannot be decreed on Il
RI bill as it now stands, the objection wou
n not avail to prevent the preliminary injun
ne ton.
70 There does not appear to have been al
y i, tardlness in the organization Of the Susqu
IN hanna Company. There is nothing in Il
re lapse of time which intervened betwe'
of the act of incorporation and the issuing
es letters patent, TO forfeit the corporate rigt
i ss granted to the company, or to divest I
" stockholders of the privileges which t
charter was intended to confer. The az
done and threatened to be done by the
- PENDANTS, are, therefore, as much agalI
law as if they had all been committed al
SS wS the letters patent were issued. Unless tn'
ess ,as acts can be justified in some other way''
will be no excuse.
The strain of the case is on the eonstr'
- tion of that section in the supplement,
VII the defendants act of incorporation, whl
is r.lied on as giving them the privilege