Legal Opinion

Lancaster County v. Public Service Commission

Superior Court of Pennsylvania

Decided November 21, 1921No. Appeal, No. 142PublishedCited by 12 opinions

Appeal, No. 142, Oct. T., 1921, by County of Lancaster, from order of tbe Public Service Commission of tbe Commonwealth of Pennsylvania in tbe matter of tbe complaint of Eli D. Wenger et al. v. The Pennsylvania Railroad Company, Complaint Docket, No. C2674. ■ Appeal from tbe order of tbe Public Service Commission ordering tbe alteration and relocation of a bridge carrying tbe tracks of tbe Pennsylvania Railroad Company over State Highway Route, No. 137, in Caernarvon…

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Appeal, No. 142, Oct. T., 1921, by County of Lancaster, from order of tbe Public Service Commission of tbe Commonwealth of Pennsylvania in tbe matter of tbe complaint of Eli D. Wenger et al. v. The Pennsylvania Railroad Company, Complaint Docket, No. C2674. ■ Appeal from tbe order of tbe Public Service Commission ordering tbe alteration and relocation of a bridge carrying tbe tracks of tbe Pennsylvania Railroad Company over State Highway Route, No. 137, in Caernarvon Township, Lancaster County, and apportioning the costs between the railroad company and the municipal corporations concerned.…

1Opinion of the Court

Opinion by

Linn, J.,

The question is whether Lancaster County is liable to assessment by the Public Service Commission in a pro*498ceeding for the reconstruction of a crossing of state highway route No. 137 by an overhead railroad pursuant to section 12, article 5, of the Public Service Company Law as amended. On March 7,1919, several hundred residents of Lancaster County filed a complaint with the commission complaining that the crossing in question located in Caernarvon Township in that county was dangerous to travel and required the consideration of the commission. On April 23,1919, the…

2Cases cited4 opinions

  1. Paradise Township v. Public Service CommissionSuperior Court of Pennsylvania · 1920
  2. Schuylkill County v. Public Service CommissionSuperior Court of Pennsylvania · 1921
  3. Passyunk Avenue Business Men's Ass'n v. Public Service CommissionSuperior Court of Pennsylvania · 1919
  4. Commonwealth v. Huntingdon & Broad Top Mountain Railroad & Coal Co.Superior Court of Pennsylvania · 1908

3Cited by12 opinions

  1. Somerset County v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1938
  2. Conshohocken Boro. v. Pa. P.U.C.Superior Court of Pennsylvania · 1938
  3. Department of Highways of Commonwealth v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1957
  4. Ligonier Valley Railroad v. Public Service CommissionSuperior Court of Pennsylvania · 1924
  5. Tarentum Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1952

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