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NEW YORK CENTRAL RAILROAD COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (03/18/59)

March 18, 1959

NEW YORK CENTRAL RAILROAD COMPANY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 97, April T., 1958, from order of Pennsylvania Public Utility Commission, Application Docket No. 16635, in case of New York Central Railroad Company v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

John S. Simpson, with him W. M. Ruddock, Robert M. Fisher, and Fisher, Ruddock & Simpson, for appellant.

Miles Warner, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Vincent M. Casey, with him Arnold Smorto, for intervening appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Gunther

[ 188 Pa. Super. Page 648]

OPINION BY GUNTHER, J.

This appeal is from an order of the Public Utility Commission sustaining a complaint of Irvin Stoker, a coal mine operator in Emeigh, Cambria County, Pennsylvania. Irvin Stoker protested the withdrawal of railroad service by New York Central and Hudson River Railroad Company to his coal mine.

Complainant leased the coal mine from Frank Calandra, Inc., which corporation acquired title by conveyance from Cherry Tree Coal Company. Cherry Tree Coal Company operated the said coal mine many years prior to the conveyance.

Shortly after the lease was made Frank Calandra was notified that the side track would be leased and the rails would be submitted to bids for removal. Frank Calandra, Inc., submitted his bid, which, however, was less than the one submitted by another party.

Complainant is now compelled to deliver his coal by truck for a distance of 7 miles to a railroad dock, where it is shipped by a third party over the defendant's railroad.

Frank Calandra, Inc., has since conveyed its title to Emeigh Collieries, Inc., the present lessor, ...


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