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NEW YORK CENTRAL RAILROAD v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/14/62)

June 14, 1962

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



Appeal, No. 5, Oct. T., 1962, from order of Pennsylvania Public Utility Commission, Application Docket No. 86743, in case of The New York Central Railroad Company v. The Pennsylvania Public Utility Commission. Order reversed.

COUNSEL

Paul Silberblatt, with him Bell, Silberblatt & Swoope, for appellant.

S. Maxwell Flitter, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

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

Author: Watkins

[ 198 Pa. Super. Page 459]

OPINION BY WATKINS, J.

This is an appeal from the order of the Public Utility Commission denying the application of The New York Central Railroad Company for approval of a change of status of its station at Lock Haven, Clinton County, Pennsylvania, from that of an agency freight

[ 198 Pa. Super. Page 460]

    station to that of a non-agency carload only freight station. The original petition was filed on August 24, 1959 and after denial and a grant of a rehearing the final order was made on October 23, 1961.

We plainly set forth in Pennsylvania Railroad Company v. Pennsylvania Public Utility Commission, 197 Pa. Superior Ct. 382, 178 A.2d 856 (1962), "The function of this Court on appeal, the factors to be considered and the law applicable to cases of this nature ...".

The facts in the Pennsylvania Railroad Company case and in this case are quite similar. Again we have an effort by railroad management to reduce costs by the elimination of a certain alleged unnecessary freight agency without inconvenience to the public. The record shows that only carload and less-than-carload freight (L.C.L.), inbound and outbound, is handled at the Lock Haven station. No passenger, U.S. mail or parcel post is handled. The Pennsylvania Railroad Company has a station in Lock Haven, Pennsylvania, in which passenger service, U.S. mail and parcel post are handled.

Within a distance of approximately eleven miles the railroad has three agency freight stations. These are Mill Hall, Pennsylvania, approximately three miles west of Lock Haven, Pennsylvania; Lock Haven, Pennsylvania and Avis, Pennsylvania, approximately eight miles east of Lock Haven. The testimony discloses that the Clinton Delivery Service currently provides pick-up and delivery of L.C.L. freight and will continue to do so at no additional cost to consignee or consignor.

If the change were permitted, the railroad already provides pick-up and delivery service to the Lock Haven area. This will continue from the station at Avis at no additional cost. The Clinton Delivery Service will commence operation for the railroad station at Avis for L.C.L. freight ...


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