In re the Elimination Under Chapter 233, Laws of 1926, of the Highway Grade Crossings of Railroad

Hinman, Acting P. J. (dissenting).

T think the order of. the Public Service Commission should be affirmed. It was clearly within the power of the Commission to make the-.order. The *613Grade Crossing Elimination Act leaves the determination of the “ manner in which such elimination shall be made, including a determination as to * * * the method of crossing,” to the Commission. (Laws of 1926, chap. 233, § 2, as amd. by Laws of 1927, chap. 445; Laws of 1928, chap. 678, § 2, subd. 5.) We may not substitute our judgment for that of the Commission. We may annul the determination if there has been some…