Appeals, Nos. 45, 46 and 49, April T., 1956, from orders of Pennsylvania Public Utility Commission, Application Docket Nos. 81263 and 81264, in cases of Borough of Bridgewater v. Pennsylvania Public Utility Commission and Keystone Bakery, Inc. v. Pennsylvania Public Utility Commission. Orders affirmed; reargument refused July 3, 1956.
Thomas C. Buchanan, Charles McC. Barrickman, and Wallover & Barrickman, for Borough of Bridgewater, appellant.
Joseph A. Beck, with him Beck, McGinnis & Jarvis, for protestant, appellant.
Albert E. Luttrell, Assistant Counsel, with him William A. Donaher, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Pennsylvania Public Utility Commission.
Thomas H. Crider, with him John R. Rezzolla, Jr., and George M. O'Hora, Counsel, Joseph L. Donnelly, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for Department of Highways, intervening appellee.
R. L. Orr, with him John D. Ray and Reed, Ewing & Ray, for intervenor, Borough of Rochester.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 87]
The orders of the Pennsylvania Public Utility Commission of December 12, 1955, are affirmed, at appellants' costs. The opinion of this Court will be filed at a subsequent date.
Opinion BY HIRT, J., July 5, 1956:
On May 28, 1954, the Department of Highways of the Commonwealth filed its application with the Pennsylvania Public Utility Commission for the alteration
[ 181 Pa. Super. Page 88]
of the subway through which State Highway Route 76*fn1 crosses the tracks of The Pittsburgh & Lake Erie Railroad below grade. At the same time and as a part of the same project the department filed a second application with the Commission for the approval of a crossing above the grade of the tracks of The Pennsylvania Railroad on the east bank of the Beaver River. The subway, on the west connected the Borough of Bridgewater with the City of Beaver. The contemplated crossing over the Pennsylvania Railroad is in the Borough of Rochester. By an established plan, approved by the Governor of the Commonwealth on March 8, 1954, the Department of Highways added to the State highway system, by relocation or otherwise, sections of new routes numbered 76 and 204 in the Boroughs of Rochester and Bridgewater in Beaver County. Other highways ultimately will be affected but we are here concerned only with the above routes 76 and 204 relocated as limited-access highways. The contemplated crossing of Pennsylvania Railroad is on Legislative Route 204 with a proposed connecting ramp, referred to as Ramp A, for eastbound traffic down into Rochester Borough. The Department of Highways intends to construct the component parts of the entire improvement by four stages, in sequence. The "First Stage" here involved includes the building of a new bridge across the Beaver River westwardly from the Pennsylvania Railroad
[ 181 Pa. Super. Page 89]
crossing on relocated Route 204*fn2 which will approach the crossing by way of Adams Street in Rochester Borough. Route 204 will then cross the new bridge and along with Route 76 will continue westwardly on the new limited-access through highway, to be constructed on filled ground, through the Borough of Bridgewater. Before reaching the west line of the Borough, Route 204 will leave the limited-access highway by means of a descending ramp and will continue northwestwardly crossing original State Highway Route 76 below grade and ultimately connecting with State Highway Route 51 which runs into Ohio at a point southwest of New Castle. Relocated Route 76 has been referred to in the record as a Legislative Route. The old State Highway Route 76 will still remain and will run to the Beaver line and there join the new Route 76 just before crossing the P. & L.E. Railroad below grade into the City of Beaver. In the interest of clarity (if not ...