Penna. Co., Etc., Tr. v. Philadelphia

Opinion by

Mr. Justice Linn,

The Public Service Commission, in a proceeding begun in 1935 on the abolition of certain grade crossings in Philadelphia, among them, the crossing at Allegheny Avenue near 21st Street, ordered the separation of the grades. An appropriate agreement, based on the order of the Commission, was executed February 18, 1938, by the Commonwealth, the City of Philadelphia, and the Reading Company. The separation at the point involved in this suit was accomplished by bridging the railroad over Allegheny Avenue. The land occupied by the railroad was owned in fee by the company.

A…