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ALLEGHENY COUNTY PORT AUTHORITY ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (03/24/66)

decided: March 24, 1966.

ALLEGHENY COUNTY PORT AUTHORITY ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



Appeals from orders of Pennsylvania Public Utility Commission, Application Docket No. 86350, in cases of Port Authority of Allegheny County v. Pennsylvania Public Utility Commission; City of Pittsburgh v. Same; Pittsburgh Railways Company v. Same et al.

COUNSEL

Edward L. Springer, with him Louis M. Tarasi, Jr., and Burgwin, Ruffin, Perry & Pohl, for port authority, appellant.

Marion K. Finkelhor, Second Assistant City Solicitor, with him Thomas S. White, Assistant City Solicitor, and David Stahl, City Solicitor, for Pittsburgh, appellant.

William D. Sutton, with him David S. Watson, and Thorp, Reed & Armstrong, for railways company, appellant.

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

Donald A. Brinkworth, for railroad company, intervening appellee.

Gilbert E. Morcroft, for Borough of Crafton, intervening appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Ervin, P. J.

Author: Ervin

[ 207 Pa. Super. Page 302]

The appeals in this case are from the final order of the Commission, dated April 20, 1965, apportioning

[ 207 Pa. Super. Page 303]

    and assessing the costs of the construction of a new bridge (Black's Bridge) to replace an old bridge originally constructed in 1895, under §§ 409 and 411 of the Public Utility Law, 66 PS §§ 1179, 1181, and arise out of application A.86350 filed by the Pittsburgh Railways Co. (Railways), seeking approval of the alteration of the crossing where Railways' two streetcar tracks on Black's Bridge cross, above grade, two main tracks of the Penna. Railroad. The bridge is located fifty-nine per cent in the City of Pittsburgh and forty-one per cent in the Borough of Crafton. The present application (A.86350) is one of sixteen similar applications docketed at A.86340 to 86355, inclusive, for alteration or abolition of as many steam rail-highway crossings above or below grade. These applications were filed concurrently with the application of Railways docketed at A.86339 seeking approval of abandonment of street railway service and facilities on various routes between the City of Pittsburgh and certain suburban municipalities to the west, all in Allegheny County, Railways also concurrently filed applications, docketed at A.76720, Folders 73 to 78, inclusive, for permission to substitute bus service. By order dated January 16, 1961 at A.86339, the Commission approved, subject to certain conditions, the abandonment of street railway service and the substitution of bus service. The order of January 16, 1961 at A.86339 also provided that the abolition "and/or alteration of steam railroad crossings above, or below, grade be performed as directed by subsequent orders to issue at A.86340 to A.86355."

On October 9, 1961 the Commission disposed of Railways' application at A.86353 concerning the Catherine Street crossing in the Borough of Ingram, which order allocating costs was appealed to this Court and affirmed in Pittsburgh Railways Co. v. ...


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