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BUEG v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (09/11/58)

September 11, 1958

BUEG, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 100, April T., 1958, from order of Pennsylvania Public Utility Commission, Docket No. 81169, in case of O.C. Bueg, individually and doing business as Arrow Pattern and Engineering Company v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Samuel M. Baker, with him English, Gilson, Baker and Bowler, for appellant.

William A. Donaher, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Barney Bernard, with him Evans, Johnson, Scarpitti & Bernard, for Harborcreek Township, appellee.

Irving O. Murphy, with him Gifford, Graham, MacDonald & Illig, for railroads, appellees.

Howard N. Plate, with him Quinn, Leemhuis, Plate and Dwyer, for railroad, appellee.

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

Author: Gunther

[ 187 Pa. Super. Page 380]

OPINION BY GUNTHER, J.

This appeal is by O.C. Bueg, individually and doing business as Arrow Pattern and Engineering Company from the order of the Pennsylvania Public Utility Commission which granted the right to The New York Central Railroad Company, The New York, Chicago and St. Louis Railroad Company, The East Erie Commercial Railroad Company and Harborcreek Township of abolishing a grade crossing at Nagle Road and the creation of a crossing at Walbridge Road in Harborcreek Township in Erie County, and from the refusal of the Commission to grant a rehearing on application of appellant. The old crossing at Nagle Road is the dividing line between Harborcreek Township and Lawrence Park Township and the crossing itself was within the geographical limits of both townships.

On or about April 20, 1954, the Township of Harborcreek, together with the three railroads mentioned, jointly applied to the Commission for permission to close the unprotected grade crossing because of the dangerous character of the crossing. Eleven tracks of the three railroads crossed Nagle Road at this crossing. After the filing of this application, Harborcreek Township

[ 187 Pa. Super. Page 381]

    supervisors determined that the public would not be served by the closing of this crossing unless the Walbridge Road crossing were constructed. Accordingly, the said Township and the three railroads joined in an amendment to the application, agreeing that ...


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