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CHARCH v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/11/57)

June 11, 1957

CHARCH, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 10, March T., 1957, from order of Pennsylvania Public Utility Commission, May 14, 1956, No. 82646, in case of William Hale Charch v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

William S. Bailey, with him Reilly & Wood, and Bailey & Rupp, for appellant.

Jack F. Aschinger, Assistant Counsel, with him Howard L. Criden, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Samuel Graff Miller, with him Henry Paul Sullivan, and Vincent P. McDevitt, for electric company, intervening appellee.

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

Author: Rhodes

[ 183 Pa. Super. Page 373]

OPINION BY RHODES, P.J.

This is an appeal from an order of the Pennsylvania Public Utility Commission approving the exercise of the right of eminent domain by the Philadelphia Electric Company under the Act of May 21, 1921, P.L. 1057, 15 PS ยง 1182.

Appellant, William Hale Charch, is the owner of a tract of land in Pennsbury Township, Chester County, across a portion of which the company proposes to construct, operate, and maintain a 220,000 volt electric transmission line.*fn1

On October 25, 1955, the company filed an application with the commission seeking approval of the exercise of the right of eminent domain in acquiring a right

[ 183 Pa. Super. Page 374]

    of way over appellant's land. After a hearing, the commission approved the proposed acquisition or appropriation as necessary or proper for the service, accommodation, or convenience of the public. The appeal to this Court followed.

The question presented on appeal relates to the proximity of the proposed transmission line to a ...


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