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PITTSBURGH RAILWAYS COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (01/17/56)

January 17, 1956

PITTSBURGH RAILWAYS COMPANY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 6, April T., 1956, from order of the Pennsylvania Public Utility Commission, Docket No. A81239, in case of Pittsburgh Railways Company v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Clyde A. Armstrong, with him Charles M. Thorp, Jr., William D. Sutton, V. W. Thomas, E. B. Wolfe, and Thorp, Reed & Armstrong, for appellant.

Albert E. Luttrell, Assistant Counsel, with him Owen B. McManus and Paul Ribner, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for appellee.

John R. Rezzolla, Jr., with him Joseph J. Laws, George M. O'Hora, Counsel, Joseph L. Donnelly, Deputy Attorney General and Herbert B. Cohen, Attorney General, for Department of Highways, intervening appellee.

David Stahl, Assistant City Solicitor, with him J. Frank McKenna, Jr., City Solicitor, for City of Pittsburgh.

Fred T. Ikeler, David McNeil Olds and Reed, Smith, Shaw & McClay, for Pennsylvania Tunnel Commission.

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

Author: Rhodes

[ 180 Pa. Super. Page 203]

OPINION BY RHODES, P.J.

This is an appeal by Pittsburgh Railways Company from an order of the Pennsylvania Public Utility Commission approving the construction of certain highway-railroad and street railway crossings involved in the construction of a proposed bridge across the Monongahela River and within the City of Pittsburgh. The Department of Highways of the Commonwealth of

[ 180 Pa. Super. Page 204]

Pennsylvania filed an application on May 25, 1954, seeking commission approval of such crossings located on the southwesterly side of the Monongahela River. The proposed bridge to be constructed by the Department of Highways, and designated as the Fort Pitt Bridge, is to be eight hundred feet upstream from the present Point Bridge across that river.

The proposed Fort Pitt Bridge is to extend in a general southwesterly direction across the Monongahela River from a traffic interchange in the Point Park area of the City of Pittsburgh to the northerly portals of a proposed tunnel to be known as the Fort Pitt Tunnel on the southwesterly side of the river. The bridge and tunnel will be integral parts of the new Penn-Lincoln Parkway, designated as state highway route 766. The new highway will extend from Churchill Borough, which is approximately nine and one-half miles east of downtown Pittsburgh, through the City of Pittsburgh to the Point Bridge interchange. From the latter point it will cross the proposed Fort Pitt Bridge and pass through the Fort Pitt Tunnel and continue in a westerly direction for a distance of approximately ten miles to the Airport Parkway. This project will have twelve interchanges at strategic locations along the nineteen and one-half miles of its length.*fn1 The bridge will carry U.S. traffic routes 22 and 30 across the Monongahela River, from the Point Park area; at the present time they cross the river on the Point Bridge, a county bridge. The Fort Pitt Bridge, according to the general plans, will be a double deck structure with four traffic lanes on each level; and there will be approach ramps on both the northeasterly (downtown or central Pittsburgh) and the southwesterly (West Carson Street)

[ 180 Pa. Super. Page 205]

    sides of the Monongahela River. The eastbound Parkway will occupy the upper deck and the westbound Parkway will occupy the lower deck. The approaches to the northerly portal of the proposed tunnel will converge, reaching the same elevation at the tunnel entrance.

The Parkway, after crossing the river on the proposed Fort Pitt Bridge, will cross, above grade, the tracks of the Pittsburgh and Lake Erie Railroad Company and the tracks of the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company (Pennsylvania Railroad Company). The plans also provide for the construction of two ramps, A and B. Ramp B, consisting of two traffic lanes, will extend along the southerly side of West Carson Street between the said street and the tracks of the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company from a connection with West Carson Street immediately west of the existing Point Bridge to a connection with the Parkway eastbound on the upper deck of the proposed Fort Pitt Bridge. This ramp, to be used by eastbound traffic, will curve easterly to meet the new bridge, crossing above West Carson Street and the tracks of the Pittsburgh and Lake Erie Railroad Company. Ramp A, also consisting of two traffic lanes, will extend along the northerly side of West Carson Street, generally parallel with ramp B from a connection with West Carson Street to a connection with the Parkway westbound on the lower deck of the new bridge. This ramp will be a westbound off-ramp curving to meet the new bridge and crossing above the tracks of the Pittsburgh and Lake Erie Railroad Company.

At present there are two street railway tracks of the Pittsburgh Railways Company located in the bed of West Carson Street. According to the general construction ...


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