Department of Highways of Commonwealth v. Pennsylvania Public Utility Commission

Opinion by

Parker, J.,

This is an appeal by the Department of Highways from certain orders of the Public Utility Commission placing upon that department a portion of the cost of maintenance, alteration, and repair of a structure made to eliminate a grade crossing over two railroads. We are all of the opinion that the orders should be affirmed.

In 1910, Prospect Viaduct in Johnstown, a city of the third class, was constructed “under the joint sponsorship” of that city and the Pennsylvania Railroad Company. It was erected over the tracks of the Conemaugh & Black Lick Railroad Company and of the…