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CITY PITTSBURGH v. PENNSYLVANIA PUBLIC UTILITY COMMISSION ET AL. (11/19/53)

November 19, 1953

CITY OF PITTSBURGH
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION ET AL.



COUNSEL

Anne X. Alpern, City Sol., John M. Marshall and David Stahl, Asst. City Sols., Pittsburgh, for appellant.

Jack F. Aschinger, Mechanicsburg, and John E. Fullerton, Lloyd S. Benjamin, Harrisburg, for Pennsylvania Public Utility Commission.

Vergil W. Thomas, Pittsburgh, Sterling G. McNees, Harry H. Frank, McNees, Wallace & Nurick Harrisburg, for Pittsburgh Rys., intervening appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Rhodes

[ 174 Pa. Super. Page 226]

PER CURIAM.

The order of the Commission of October 5, 1953, is affirmed. The opinion of this Court will be filed at a subsequent date.

The order issued by this Court on October 15, 1953, making the appeal, No. 16, April Term, 1954, a supersedeas of the Commission's order, is vacated, and supersedeas is terminated.

Opinion.

RHODES, President Judge.

This is an appeal by the City of Pittsburgh from an order of the Pennsylvania Public Utility Commission of October 5, 1953, allowing rate increases, including basic street car fare from 17 cents to 20 cents, by Pittsburgh Railways Company.

The City questions the validity of the order on two grounds. The City's principal contention is that conversion to buses by Railways would provide the City of Pittsburgh with a more serviceable and less expensive transportation system which would later lead to lower fares; and that failure to convert constitutes a gross abuse of managerial discretion which the Commission is obliged to correct by positive action. Secondly, the City asserts that it was deprived of an opportunity to present its case in full before the Commission.

On March 25, 1953, we affirmed an order of the Commission of December 2, 1952, disposing of complaints against Railways' tariff of August 10, 1951 (17 cent fare), and reversed the order of the Commission of July 15, 1952 (20 cent fare) and remanded the record to the Commission for further proceedings. City of Pittsburgh v. Pennsylvania Public Utility Commission, 173 Pa. ...


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