Consolidated Rail Corp. v. Public Utilities Commission

I respectfully dissent. R.C. 4907.47 requires the PUCO to consider specific factors with regard to each individual public railroad-highway grade crossing when the commission is determining whether the installation of protective devices should be ordered. R.C. 4907.47 also gives the commission broad discretion in determining how the costs of installing and maintaining crossing protective devices should be apportioned.

In the case before us, the commission studied the crossing in question and found,- among other pertinent facts, that vehicular use of the crossing is relatively light while an…