Pennsylvania Railroad v. Pennsylvania Public Utility Commission

Opinion by

Kenworthey, J.,

¡Section 409 of the Public Utility Law (Act of May 28, 1937, P. L. 1053 as amended by Act of September 28, 1938, P. L. 44, 66 PS §1179) provides:

“(a) No public utility, engaged in the transportation of passengers or property, shall, without prior order of the commission, construct its facilities across ...... any highway at grade or above or below grade, or at the same or different levels; and no highway, without like order, shall be so constructed across the facilities of any such public utility, and, without like order, no such crossing heretofore or hereafter…