Kearns v. Pennsylvania Public Utility Commission

Opinion by

Wright, J.,

On April 12, 1962, the West Penn Power Company applied to the Pennsylvania Public Utility Commission for approval of the exercise of the right of eminent do*176main in acquiring a right-of-way across property of Dewey Ray Kearns and Clara E. Kearns, his wife, in Somerset Township, Washington County, Pennsylvania. Testimony was taken at a hearing on June 13, 1962, at which time Wilbur H. Kearns, a son and tenant of the property owners, testified in opposition to the application. By its order dated July 23, 1962, the Commission approved the application. This appeal by the…