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BESSEMER AND LAKE ERIE RAILROAD COMPANY ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (06/16/67)

decided: June 16, 1967.

BESSEMER AND LAKE ERIE RAILROAD COMPANY ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



Appeals from orders of Pennsylvania Public Utility Commission at Petition Docket No. 7, and Complaint Docket C. 18018 for appeal No. 142, in case of Bessemer and Lake Erie Railroad Company et al. v. Pennsylvania Public Utility Commission.

COUNSEL

Blair S. McMillin, and Reed, Smith, Shaw & McClay, for railroads, appellants.

Thomas J. Smith, of the New York Bar, for railroad, appellant.

Richard N. Clattenburg, for railroads, appellants.

Harris J. Latta, Jr., for railroad, appellant.

Robert O. Smith, Jr., of the Maryland Bar, and John A. Shrader, for railroad, appellant.

John F. Reilly, of the New York Bar, and Paul Bedford, for railroad, appellant.

William P. Quinn, for railroads, appellants.

Grodon E. Neuenschwander, for railroad, appellant.

Rene J. Gunning, of the Maryland Bar, for railroad, appellant.

D. F. Donovan, of the Ohio Bar, W. L. Hill, Jr., and Warren, Hill, Henkelman & McMenamin, for railroad, appellant.

William A. Goichman and Louis J. Carter, Assistant Counsel, with them Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

T. P. Shearer, with him Brandon, Shearer & Flaherty, for railroad brotherhoods, intervening appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Ervin, P. J.

Author: Ervin

[ 210 Pa. Super. Page 10]

These appeals by eleven railroads operating in Pennsylvania are from two orders of the Pennsylvania Public Utility Commission dated November 22, 1965 and December 19, 1966 ordering the railroads to promulgate appropriate operating rules to provide flagging protection "when a train stops [or is moving] under circumstances in which it may be overtaken by another train." In general, appellants contend that flagging protection is no longer necessary under automatic block and similar signal systems.

On July 22, 1964 the Co-Operative Legislative Committee, Railroad Brotherhoods, acting through three of its members, ...


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