Pennsylvania Public Utility Commission v. Norfolk & Western Railway Co.

Opinion by

Judge MacPhail,

On February 3, 1981, the Public Utility Commission (PUC) filed a complaint in mandamus, addressed to our original jurisdiction, seeking enforcement of a 1977 PUC order which directed the Norfolk and West*422ern Railway Company (N & W) to discontinue the operation of any of its locomotives in Pennsylvania which were not equipped with “a flush type toilet or similar device” as required by 52 Pa. Code §33.62.1 Following a non-jury trial, our Court per Senior Judge Kalish, granted the mandamus relief requested. N & W’s exceptions to the trial judge’s decision are presently…