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READING COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (11/13/63)

November 13, 1963

READING COMPANY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 17, March T., 1964, from order of Pennsylvania Public Utility Commission, No. 88689, in case of Reading Company v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Allen Lesley, with him H. Merle Mulloy, for appellant.

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

Louis Sager, for intervening appellee.

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

Author: Woodside

[ 202 Pa. Super. Page 51]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Public Utility Commission refusing to abolish a highway crossing of the Reading Company railroad.

A dirt township road passes under the railroad approximately 1.3 miles north of Linfield Station in Montgomery County. The Reading Company petitioned the Public Utility Commission for permission to abolish the crossing, and another crossing not involved in this appeal, "in order to eliminate the unnecessary bridges and permit the applicant to fill the underpasses."

The Public Utility Law provides that no highway crossing of a railroad at grade or above or below grade shall be abolished without an order of the Public Utility Commission which is "vested with exclusive power" § 1179(a) & (b). 28, 1937, P.L. 1053, § 409(a) & (b), as last amended by that Act of May 25, 1945, P.L. 1012, 1, 66 P.S. 1179(a) & (b).

The petitioner had the burden of showing that the subway should be abolished. It did not meet that burden.

The appellant's chief interest in this appeal seems from its evidence and brief to ...


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