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DEPARTMENT HIGHWAYS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/12/62)

June 12, 1962

DEPARTMENT OF HIGHWAYS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 9, March T., 1962, from order of Pennsylvania Public Utility Commission, No. 84554, in case of Department of Highways of Commonwealth of Pennsylvania v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, Alan Miles Ruben, Deputy Attorney General, and David Stahl, Attorney General, for Department of Highways, appellant.

Anthony L. Marino, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

E. Everett Mather, with him John B. King, for intervening appellee.

Robert P. Garbarino, with him Vincent P. McDevitt and Samuel Graff Miller, for electric company under Rule 46.

Walter T. Wardzinski and Thomas J. Munsch, Jr., for electric company under Rule 46.

Harris J. Latta, Jr., with him Windsor F. Cousins, for railroad company under Rule 46.

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

Author: Rhodes

[ 198 Pa. Super. Page 90]

OPINION BY RHODES, P.J.

In this appeal the Department of Highways of the Commonwealth of Pennsylvania questions the exclusive power of the Pennsylvania Public Utility Commission to direct the construction of a bridge over a high6ayrail crossing in such a manner as to permit The Bell Telephone Company to relocate and install its facilities in the structure of the bridge constructed under the jurisdiction, supervision, and authority of the commission as set out in section 409 of the Public Utility Law of May 28, 1937, P.L. 1053, as amended by the Act of September 28, 1938, Sp. Sess., P.L. 44, § 1, and by the Act of May 25, 1945, P.L. 1012, § 1, 66 PS § 1179. The department asserts that the commission's jurisdiction, broad as it is under section 409 of the Public Utility Law in highway-rail crossing proceedings, does not include the power to approve the occupancy of the crossing by telephone and gas utilities, which power the department says the Legislature has given to it. The department does not oppose the application of the United

[ 198 Pa. Super. Page 91]

Gas Improvement Company to install a gas main on the bridge as it had received a ...


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