Legal Opinion

Baltimore & Ohio Railroad v. Public Service Commission

Superior Court of Pennsylvania

Decided March 2, 1923No. Appeal, No. 63PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Trexler, J.,

The purpose of this proceeding is to compel the Baltimore and Ohio Railroad Company, at its own cost, to remove the supports of its overhead crossing, in the Borough of Millerstown, from the highway, known as State Highway Route No. 214, which leads from Millers-town to Butler, in the County of Butler. This overhead crossing traverses the highway at an angle and its supporting bents narrow the roadway to about 17 feet. This is admittedly inadequate for the use of an improved highway such as is about to be constructed under the crossing. The railroad constructed the…

2Cases cited3 opinions

  1. Commonwealth v. ShoemakerSuperior Court of Pennsylvania · 1900
  2. Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
  3. City of Chester v. Balt. & P. R. Co.Supreme Court of Pennsylvania · 1891

3Cited by4 opinions

  1. Kapp v. Norfolk Southern Railway Co.District Court, M.D. Pennsylvania · 2004
  2. Jennings v. Susquehanna & New York R. R.Superior Court of Pennsylvania · 1924
  3. Lehigh Valley Railroad v. Public Service CommissionSuperior Court of Pennsylvania · 1923
  4. MCCROSSIN v. CSX TRANSPORTATION, INC.District Court, W.D. Pennsylvania · 2025

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