MINE HILL & SCHUYLKILL HAVEN R. CO. v. SMITH

Civ. A. No. 7838.

88 F.Supp. 803 (1950)

MINE HILL & SCHUYLKILL HAVEN R. CO. v. SMITH, Collector of Internal Revenue.

United States District Court E. D. Pennsylvania.

January 5, 1950.


Attorney(s) appearing for the Case

MacCoy, Brittain, Evans & Lewis, Philadelphia, Pa., for plaintiff.

Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., for defendant.


KIRKPATRICK, Chief Judge.

Since 1896 the taxpayer's railroad lines have been leased to and operated by the Reading Company (the Railway) under a 999 year lease by which the Railway is bound to maintain the property in good order and repair, to keep it in public use and operate it and, at the termination of the lease, to surrender it in the same good order and condition as when leased. This was all subject to a proviso that, in the case of any line serving a single...

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