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DESSIE SHERWOOD ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (11/15/54)

November 15, 1954

DESSIE SHERWOOD ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



Appeal, No. 56, March T., 1954, from order of Pennsylvania Public Utility Commission dated November 9, 1953, Application Docket No. 78915, in case of Dessie Sherwood et al. v. Pennsylvania Public Utility Commission and The Pennsylvania Railroad Company. Order affirmed.

COUNSEL

Herbert B. Cohen, Harrisburg, for appellants.

Harris J. Latta, Jr., Assistant Counsel, with him Albert E. Luttrell, Assistant Counsel and Lloyd S. Benjamin, Counsel, for appellee.

L.K. Connell , with him Violet H. Meehan, for intervening appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Ervin

[ 177 Pa. Super. Page 8]

OPINION BY ERVIN, J.,

This is an appeal from an order of the Pennsylvania Public Utility Commission granting The Pennsylvania Railroad Company the right to abandon all passenger train service between Lancaster, Lancaster County, and York, York County. At approximately the same time the Commission, by order, authorized Pennsylvania Greyhound Lines, Inc., an affiliate of the Railroad Company, to operate a substituted bus service for the rail service on substantially identical time schedules, with identical termini and substantially identical intermediate stops.

The facilities involved consist of a single track branch line railroad extending from Lancaster to York, a distance of 24.7 rail miles. Existing rail service is furnished by a self-contained self-propelled Diesel electric car with a capacity of 66 passengers, acquired in 1931, placed in this service in 1935 and completely rebuilt in 1948. A similar car is held in reserve. The substituted bus is a modern inter-city, air-conditioned highway coach, equipped with comfortable reclining seats and three baggage compartments beneath the bus proper, one of which is in the rear of the bus, extending across its entire width. There are seven racks inside on each side of the bus, each rack being 12 inches high, 22 inches deep and 38 inches in width. Arrangements have been made to furnish additional trips if the need arises. Extra drivers and buses are always available.

The City of York is located on the main line tracks of The Pennsylvania Railroad Company extending from Washington, D.C., and Baltimore, Maryland, to Harrisburg, at which latter point the line connects with the main line of the Railroad between New York City, Philadelphia and the West.

[ 177 Pa. Super. Page 9]

"Our scope of review on appeal is the same whether the Commission's order is a certification of new service or permits abandonment of existing public service. In either event, we determine whether there is error of law or lack of evidence to support the finding, determination, or order of the Commission, or violation of constitutional rights." Commuters' Committee v. Pa. P.U.C., 170 Pa. Superior Ct. 596, 600, 88 A.2d 420; Pittsburgh & Lake Erie Railroad Co. v. Pa. P.U.C., 170 Pa. Superior Ct. 411, 415, 85 A.2d 646.

"The jurisdiction of the Commission to grant certificates authorizing abandonment or curtailment of service by a public utility, as expressly granted under section 202 of the Public Utility Law, is clear...." New Castle ...


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