The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1879-07-04
Correspondents.
An Important Railroad Case Decided.

The Supreme Court of Pennsylvania has
just decided case in which the Peach Bot
tom york and Delta) Railway Company was
plaintiff and Thomas G. Gross, a subscriber
to the stock ofsaid company defendant. The
principal local Importance which attaches to
to this case arises from the fact that it is
test case Mr.. Cross and some fifty others of
the subscribers to the stock of the road reflls-
ed to pay their subscriptions. The company
brought suit for their collection The case was
first heard by a referee, who decided in favor
of the defendant. 1t was then carried on eX-
ceptiOns into the Court of Common Pleas of
York county, where the decision of the re-
fierce was reversed. The defendants then on
bill of exceptions carried the case to the
Supreme Court ofPennsylvania, which affirm
ed the decision of the court below.
Some points in the history of the road will
enable our readers the better to comprehend
the ground of Mr.. Cross's defence Accord
ing to the companys charter, it was required
to connect its road with the Northern Cen
trail Railway at some point between the Dor
ouSh vi ioih anu lnC HIT dlltl
when Mr. Cross and his friends subscribed to
the stock it was the declared purpose of the
road to connect it with the Northern Central
Railway at Hanover Junction, eleven miles
south of York. The subscriptions were made
with that impression. Subsequently and af-
ter the books had passed out of the hands of
the corporators and into the hands of board
of directors, the route was changed from a
point twelve miles east of Hanover junction,
and connection made with the Northern
Central road, within the borough of York
AT n session of the legislature held after
MIR. Gross made his subscriptions, n supple
ment was granted TO the company's charter,
empowering it to extend its road westward
from the Northern Central Railway to the
town of Berlin, in Adams county, Pa, dis
lance of seventeen miles According to the
terms of the charter, the company was rcquir-
ed to commence the construction of its road
three years after the passage of the act of in
corporation.
The principal points of defence of Mr. Cross
were: That he had subscribed to road to be
built to Hanover Junction and not to York
that there was not bona fde commencement
of construction within three years, as the
company within that time had located only
some three or four hundred feet of its road by
an engineer, and had expended very few
dollars on construction, having employed on
ly one man for two days at grading; that the
company in connecting its road with the
Northern Central road aoittin the limits of the
borough of York, instead of south of that
borough, transcribed its powers; and finally
that the supplement empowering the company
to extend its road to Berlin created of the old
company new one, and of course q different
one to that to which he had subscribed. Not
withstanding all these points, some of which
to minds not versed in legal lore would seem
to be well TAKEN the highest court in the State
gave the decision to the company.
The decision will give to to the company
some twelve or fifteen thousand dollars ofun-
paid subscriptions. Those who do not expect
to pay their subscriptions to the stock of
railroad companies, had better not put their
names on their books.