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DEPARTMENT HIGHWAYS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (09/28/55)

September 28, 1955

DEPARTMENT OF HIGHWAYS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 15 and 27, March T., 1955, from orders of Public Utility Commission, Docket Nos. 80456 and 80351, in case of Commonwealth of Pennsylvania, Department of Highways, v. Pennsylvania Public Utility Commission, and Pennsylvania Railroad Company. Orders affirmed.

COUNSEL

Joseph J. Laws, Senior Highway Counsel, with him John R. Rezzolla Jr., Advanced Highway Counsel, Phil H. Lewis, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for Department of Highways, appellant.

Harris J. Latta, Jr., Assistant Counsel, with him Albert E. Luttrell and John R. Gavin, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Windsor F. Cousins, with him Lawrence K. Connell, for railroad, intervening appellee.

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

Author: Rhodes

[ 179 Pa. Super. Page 378]

OPINION BY RHODES, P.J.

These appeals are by the Department of Highways of the Commonwealth of Pennsylvania from two orders of the Pennsylvania Public Utility Commission of May 24, 1954 (appeal taken June 25, 1954) and July 12, 1954 (appeal taken August 20, 1954) approving the applications of the department for reconstruction, inter alia, of two railway-highway grade separation facilities, one located in Camp Hill, Cumberland County

[ 179 Pa. Super. Page 379]

(Pa. P.U.C. A-80456), and the other in Falls Township, Bucks County (Pa. P.U.C. A-80351), and allocating the costs thereof. The applications comprehend large highway improvement programs. These appeals relate only to the allocation of costs of the separation facilities.

The applications proposed replacement of existing bridges carrying automobile traffic over the tracks of the Pennsylvania Railroad Company with new and larger structures. Application 80456 involved relocation and reconstruction of a bridge over tracks of the railroad in Camp Hill and adjacent townships in Cumberland County. The existing bridge would be replaced by another structure located to the west of the existing structure. Since the approach to this bridge would be a limited access highway, it was also proposed to construct a supplemental bridge for local service purposes east of the existing structure. The estimated cost of both bridges in this project was $392, 924.65.

Application 80351 involved the replacement of an existing bridge with a 4-span deck girder structure with two roadways, each 28 feet in width, carrying state highway route 150 over the existing five tracks of the railroad and over four proposed tracks in Falls Township, Bucks County, a short distance from the site of the new Fairless plant of the United States Steel Company. The estimated cost of the bridge in this project was $690,868.

The department, in the reconstruction of the bridges in both projects, agreed to assume the entirety of certain costs, but requested that the railroad be required to participate in the balance of the cost in each case, consisting of construction costs and the cost of temporary ...


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