Legal Opinion

Johnstown v. Johnstown & Stony Creek Railroad

Superior Court of Pennsylvania

Decided December 12, 1918No. Appeal, No. 116PublishedCited by 1 opinion

Appeal, No. 116, April T., 1918, by defendant, from order of Public Service Commission Complaint Docket, No. 1356, regulating a railroad crossing in the case of City of Johnstown v. Johns-town & Stony Creek Railroad Company. Petition by the City of Johnstown for an order regulating a grade crossing.

Read the full summary

Appeal, No. 116, April T., 1918, by defendant, from order of Public Service Commission Complaint Docket, No. 1356, regulating a railroad crossing in the case of City of Johnstown v. Johns-town & Stony Creek Railroad Company. Petition by the City of Johnstown for an order regulating a grade crossing. The Public Service Commission ordered: “That the Johnstown & Stony Creek Railroad Company construct gates and maintain a watchman at the crossing of Messenger street over the tracks of the said company and the tracks of the Baltimore & Ohio Railroad Company, and that the cost of construction and…

1Opinion of the Court

Opinion by

Kephart, J.,

This is an appeal from an order of the Public Service Commission directing the appellant to install safety gates and supply a watchman, the entire cost of construction and maintenance to be equally divided between it and the Baltimore & Ohio Railroad Company. The property value of the Baltimore & Ohio Railroad Company in connection with the crossing and the business done by that company was largely in excess of that of the appellant. The appellant has two tracks at this crossing, while the Baltimore & Ohio Railroad Company has eleven, and it is averred by the appellant…

2Cases cited1 opinion

  1. Ben Avon Boro. v. Ohio Valley Water Co.Supreme Court of Pennsylvania · 1918

3Cited by1 opinion

  1. City of Johnstown v. Johnstown & Stony Creek R. R.Superior Court of Pennsylvania · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API