Department of Highways v. Pennsylvania Public Utility Commission

Opinion by

Rhodes, P. J.,

In this appeal the Department of Highways of the Commonwealth of Pennsylvania questions the exclusive power of the Pennsylvania Public Utility Commission to direct the construction of a bridge over a highway-rail crossing in such a manner as to permit The Bell Telephone Company to relocate and install its facilities in the structure of the bridge constructed under the jurisdiction, supervision, and authority of the commission as set out in section 409 of the Public Utility Law of May 28, 1937, P. L. 1053, as amended by the Act of September 28, 1938, Sp. Sess., P. L.…