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CITY BUTLER v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (09/27/50)

September 27, 1950

CITY OF BUTLER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



COUNSEL

Luther C. Braham, City Solicitor, Willis A. MacDonald, County Solicitor, Butler County, Butler, Darrell L. Gregg, Butler, of counsel, for appellant.

Lloyd Benjamin, Assistant Counsel, Charles E. Thomas, Counsel, Pennsylvania Public Utility Commission, and Thomas C. Evans, all of Harrisburg, John R. Rezzolla, Jr., Counsel for Department of Highways, Phil H. Lewis, Deputy Attorney General, T. McKeen Chidsey, Attorney General, for appellees.

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

Author: Dithrich

[ 167 Pa. Super. Page 464]

DITHRICH, Judge.

There are two viaducts in the City of Butler which are the subjects of these two appeals. The appeals were

[ 167 Pa. Super. Page 465]

    joined in by the County of Butler, were argued at the same time, involve the same questions, and will be disposed of in this one opinion.

It appears that at a point in the City of Butler, Butler County, about five blocks south of its intersection with Jefferson Street, State Highway Route 72 (Main Street) is carried across and above the grade of the two main tracks of Pittsburgh, Bessemer and Lake Erie Railroad Company (operated by Bessemer and Lake Erie Railroad Company) and the single track of The Pittsburgh and Western Railroad Company (operated by The Baltimore and Ohio Railroad Company) and across the channel of Connoquenessing Creek by means of a steel viaduct approximately 838 feet in length. This is known as the Main Street Viaduct.

It further appears that at a point in the City of Butler, Butler County, about 1500 feet east of Main Street, State Highway Route 10030 (Wayne Street) is carried across and above the grade of the two main tracks of Pittsburgh, Bessemer and Lake Erie Railroad Company (operated by Bessemer and Lake Erie Railroad Company) and the six tracks of The Pittsburgh and Western Railroad Company (operated by The Baltimore and Ohio Railroad Company) and across the channel of Connoquenessing Creek by means of a steel and concrete viaduct approximately 866 feet in length. This is known as the Wayne Street Viaduct.

There is no doubt that both viaducts are public utility crossings. The Main Street Viaduct was erected pursuant to authority of the Public Service Commission in 1916. No provision was made for the maintenance and repair of the viaduct, but the City of Butler maintained it from the time of its construction to July 1, 1945. The Wayne Street Viaduct was built by the Borough, now the City, of Butler in compliance with an order of the Public Service Commission in 1914. It

[ 167 Pa. Super. Page 466]

    likewise did not provide for the cost of maintenance and repair, but the City has maintained and repaired it since its construction to July 1, 1945. Subsequent to July 1, 1945, the Pennsylvania Department of Highways began proceedings before the Public Utility Commission of ...


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