Legal Opinion

City of Erie v. Public Service Commission

Superior Court of Pennsylvania

Decided April 24, 1920No. Appeal, No. 60PublishedCited by 11 opinions

Appeal, No. 60, April T., 1920, by The City of Erie from order of the Public Service Commission No. C. 2633, 2634, 2635, 2637 in case of The City of Erie y. William G. McAdoo, Director General, New York Central Railroad Company, Pennsylvania Railroad Company and Erie & Pittsburgh Railroad Company, and The Public Service Commission of Pennsylvania, on appeal.

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Appeal, No. 60, April T., 1920, by The City of Erie from order of the Public Service Commission No. C. 2633, 2634, 2635, 2637 in case of The City of Erie y. William G. McAdoo, Director General, New York Central Railroad Company, Pennsylvania Railroad Company and Erie & Pittsburgh Railroad Company, and The Public Service Commission of Pennsylvania, on appeal. Complaint to the Public Service Commission as to the inadequacy of the protection afforded by the railroad companies at certain grade crossings. The facts are stated in the opinion of the Superior Court. The commission made the following…

1Opinion of the Court

Opinion by

Trexler, J.,

The question of law involved as stated by the appellant is, “Has the Public Service Commission jurisdiction to order a street of a municipality closed between the right-of-way lines of a railroad passing through the city without providing for carrying the street beneath or over the tracks of the railroad?”

In the month of September, 1915, the City of Erie entered into a contract providing for the removal of certain grade crossings at points where the tracks of the said railroad companies cross various streets in the said city and for the erection of subways at certain…

2Cases cited5 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
  3. Franke v. Johnstown Fuel Supply Co.Superior Court of Pennsylvania · 1918
  4. City of Easton v. MillerSupreme Court of Pennsylvania · 1919
  5. Philadelphia v. ScipleSuperior Court of Pennsylvania · 1906

3Cited by11 opinions

  1. Jennings v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1940
  2. Middletown Boro. v. Pa. P.U.C.Superior Court of Pennsylvania · 1940
  3. Borough of Marcus Hook v. Public Service CommissionSuperior Court of Pennsylvania · 1925
  4. Delaware, Lackawanna & Western Railroad v. ShumanSupreme Court of Pennsylvania · 1955
  5. Middletown Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1941

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