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CITY ARNOLD v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/15/60)

June 15, 1960

CITY OF ARNOLD, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 189, April T., 1959, from order of Public Utility Commission, Complaint Docket No. 16584, in case of City of Arnold v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Christ. C. Walthour, Jr., with him Andrew S. Romito, Fred B. Trescher, and Kunkle and Trescher, for appellant.

Anthony L. Marino, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

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

Author: Gunther

[ 192 Pa. Super. Page 478]

OPINION BY GUNTHER, J.

This appeal by the City of Arnold is from the order of the Pennsylvania Public Utility Commission denying a rehearing and from the order dated May 20, 1959 in connection with a grade crossing relocation.

The City of New Kensington filed a complaint against the Pennsylvania Railroad Company, the County of Westmoreland and the Department of Highways of the Commonwealth of Pennsylvania before the Pennsylvania Public Utility Commission seeking correction of an allegedly hazardous railroad crossing connecting the City of New Kensington with the City of Arnold at or near the northerly boundary line of the City of Arnold and the southerly boundary line of the City of New Kensington. Three hearings were held in connection with this matter before the City of Arnold became a party. After the third hearing on March 21, 1957, the Commission, while awaiting the submission of further information necessary in the case, received a letter from the City of New Kensington on October 22, 1957 in which it was advised that the City of Arnold was geographically involved in the improvement. This became apparent when revised plans were submitted and the proposed revision disclosed that property belonging to the City of Arnold might become involved. The Commission promptly informed the City of Arnold and scheduled a further hearing for November 13, 1957.

At this hearing the City of New Kensington and the Pennsylvania Railroad were represented, and the City of Arnold appeared by its solicitor who entered a general appearance, heard a general review and explanation

[ 192 Pa. Super. Page 479]

    of the newly developed plan for improvement of the crossing, offered its own witnesses for direct and cross-examination, and cross-examined other witnesses who testified. Another hearing was scheduled for January 5, 1959, at which the City of New Kensington, the Pennsylvania Railroad, the County of Westmoreland and the City of Arnold, as well as the Commission, were represented.

Both prior to and subsequent to the hearing of January 5, 1959, a questionnaire was submitted to both cities involved seeking information as to the exact boundary line between the two cities with reference to Ferry Street involved in the grade crossing relocation, whether additional property was required for the relocation of Ferry Street, whether such property is located in the City of New Kensington or in the City of Arnold, requesting the City of Arnold to submit testimony as to what portion of the work of reconstructing Ferry Street it will agree to perform and the cost thereof it will agree to assume and other information affecting the proposed crossing. At the conclusion of this hearing, the examiner stated that it will be up to the Commission to determine, based on all the answers contained in the questionnaire, whether a further hearing should be held and that if the Commission is satisfied, it could declare the matter closed. No further hearings were held and on May 20, 1959, the Commission entered its order allocating the costs of the relocation.

Subsequent to the order both the City of Arnold and the Pennsylvania Railroad Company filed petitions for rehearings and on July 20, 1959, the ...


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