Department of Highways of Commonwealth v. Pennsylvania Public Utility Commission

Opinion by

Woodside, J.,

This is an appeal from an order of the Pennsylvania Public Utility Commission imposing upon the Pennsylvania Department of Highways a portion of the cost of relocating utilities ordered removed from a public highway by the commission in connection with a highway-railway crossing improvement.

The question is whether the commission has the power to impose upon the Commonwealth any of the cost of relocating the utilities which are within the right-of-way of a public highway.

The question is primarily one of statutory construction, but it also involves basic governmental…