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ARSENAL BOARD TRADE v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (04/11/50)

April 11, 1950

ARSENAL BOARD OF TRADE
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



COUNSEL

Alexander Cooper, Morris Zimmerman, Pittsburgh, for appellant.

Jack F. Aschinger, Assistant Counsel, William J. Grove, Assistant Counsel, Charles E. Thomas, Counsel, Harrisburg, for P. P. U. C.

Samuel W. Pringle, A. M. Donnan, Wallace D. Stewart, of Dalzell, McFall, Pringle & Bredin, Pittburgh, for Pa. Railroad Co. Intervening Appellee.

Before Rhodes, P. J. and Hirt, Reno, Dithrich, Ross and Arnold, JJ.

Author: Rhodes

[ 166 Pa. Super. Page 549]

RHODES, President Judge.

This is an appeal from an order of the Pennsylvania Public Utility Commission approving the application of the Pennsylvania Railroad Company for the construction of three crossings at grade in the City of Pittsburgh. Industrial siding tracks would cross at grade Liberty

[ 166 Pa. Super. Page 550]

Avenue, Fourteenth Street, and Sixteenth Street, and provide rail connection with proposed warehouses to be constructed by the company.

Following a hearing, the Commission by its order of June 6, 1949, denied the application. The Company presented a petition for rehearing, and, by order of July 25, 1949, rehearing was granted. After rehearing, at which additional testimony was submitted, and reconsideration, the Commission by its order of December 19, 1949, rescinded its prior order and approved the application.

The Commission found that the record, as supplemented, established the need for the construction of new warehouses in the City of Pittsburgh; that the most economical and reasonable method for the Company to provide railroad facilities at the location of its proposed warehouses was by means of the construction of the crossings at grade as originally proposed by the Company; and that the traveling public would be protected adequately by provisions regarding safety devices and by the restricted use and method of railroad operation, which are imposed upon the Company by the Commission's order.

The Arsenal Board of Trade, a nonprofit corporation, filed its petition for appeal in this Court on January 24, 1950.*fn1 We permitted the Company to intervene and be added as a party-appellee. On February 3, 1950, the ...


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