Legal Opinion

Salem Township v. Public Service Commission

Superior Court of Pennsylvania

Decided April 18, 1921No. Appeal, No. 22PublishedCited by 7 opinions

Appeal, No. 22, March T., 1921, by Salem Township, from order and determination of the Public Service Commission, Complaint Docket No. 3512, in the case of State Highway Department of the Commonwealth of Pennsylvania v. Delaware, Lacka-wanna & Western Railroad Company and Public Service Commission, on appeal. Complaint of State Highway Department as to dangerous character of grade crossing in Salem Township, Luzerne County.

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Appeal, No. 22, March T., 1921, by Salem Township, from order and determination of the Public Service Commission, Complaint Docket No. 3512, in the case of State Highway Department of the Commonwealth of Pennsylvania v. Delaware, Lacka-wanna & Western Railroad Company and Public Service Commission, on appeal. Complaint of State Highway Department as to dangerous character of grade crossing in Salem Township, Luzerne County. The commission found the crossing to be dangerous and approved plans for the elimination of the same, as set forth in the opinion of the Superior Court, The Township of…

1Opinion of the Court

Opinion by

Linn, J.,

Salem Township complains of an order of the commission abolishing two grade crossings, one near each end of the village of Beech Haven in that township. The main street of the village is part of state highway route No. 4, and extends on a bow-shaped line, at each end of which the tracks of the Delaware, Lackawanna and Western Railroad cross at grade. The state highway department filed a complaint with the Public Service Commission naming the Delaware, Lackawanna and Western Railroad Company as respondent and alleging that these two grade crossings were dangerous and should…

2Cases cited2 opinions

  1. Jenkins Township v. Public Service CommissionSuperior Court of Pennsylvania · 1916
  2. Paradise Township v. Public Service CommissionSuperior Court of Pennsylvania · 1920

3Cited by7 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. Schuylkill County v. Public Service CommissionSuperior Court of Pennsylvania · 1921
  4. Conshohocken Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1939
  5. Commonwealth v. Washington Township, Pennsylvania Court of Common Pleas, Northampton County1927

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