JANNEY v. PHILA. TRANSP. CO.


387 Pa. 282 (1956)

Janney, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

December 29, 1956.


Attorney(s) appearing for the Case

Leonard B. Gordon, with him Samuel Gordon, for appellant.

Hamilton C. Connor, Jr., with him Charles I. Thompson, Jr., and Ballard, Spahr, Andrews & Ingersoll, for appellees.

John B. Prizer, with him Philip Price, Francis H. Scheetz, Elder W. Marshall, W.P. Hackney, J. Tomlinson Fort, and Reed, Smith, Shaw & McClay, for amici curiae.

Before STERN, C.J., JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN.

The sole question presented in this action for a declaratory judgment is whether the right granted by statute to classify corporate directors and stagger their terms violates the right conferred by the Constitution upon the stockholders to cumulate their votes in all elections for directors. Are these two rights so incompatible as to make their co-existence legally impossible?

Plaintiff, Joseph N. Janney, is a stockholder...

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