Southern Pacific Transportation Co. v. Public Utilities Commission

Opinion

CLARK, J.

Southern Pacific Transportation Company seeks review of Decisions 83509 and 82933 of the Public Utilities Commission, holding that Public Utilities Code section 1202.3 is unconstitutional.1

Following an auto-train collision at a crossing on Southern Pacific Coast Route Main Line, the Public Utilities Commission (commission) investigated the safety, maintenance, operation and use of the crossing.

The commission found that public welfare; convenience and necessity require the crossing be protected by flashing light signals and automatic *311gate arms. It also found the crossing is…