William E. Parke, West Chester, for appellant.
Harris J. Latta, Albert E. Luttrell, Asst. Counsel, Lloyd S. Benjamin, Counsel, Public Utility Commission, Harrisburg, for Pennsylvania Public Utility Commission, appellee.
Joseph J. Laws, John R. Rezzola, Jr., Thomas C. Evans, Counsel, Dept. of Highways, Harrisburg, Phil H. Lewis, Dep. Atty. Gen., for Pennsylvania Dept. of Highways, intervening appellee.
L. K. Connell, Philadelphia, for Pennsylvania R. Co.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther and Wright, JJ.
[ 174 Pa. Super. Page 150]
The order of the Pennsylvania Public Utility Commission is affirmed. The opinion of this Court will be filed at a subsequent date.
Upon the application of the State Highway Department, the Pennsylvania Public Utility Commission entered an order authorizing the Department to construct an above-grade-highway crossing over the Pennsylvania Railroad tracks in the Borough of Atglen, Chester County. Although no part of the cost of construction or the land damages were or will be imposed
[ 174 Pa. Super. Page 151]
upon the Borough, it has appealed, and the Department was allowed to ...