Legal Opinion

Philadelphia & Reading Railway Co. v. Public Service Commission

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 368PublishedCited by 6 opinions

Appeal, No. 368, Oct. T., 1915, by plaintiff, from order of Public Service Commission, Complaint Docket 182, installing passenger service, in case of Philadelphia & Reading Railway Com-* pany v. Public Service Commission of the Commonwealth of Pennsylvania. Petition to compel the installation of passenger service on a branch railroad.

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Appeal, No. 368, Oct. T., 1915, by plaintiff, from order of Public Service Commission, Complaint Docket 182, installing passenger service, in case of Philadelphia & Reading Railway Com-* pany v. Public Service Commission of the Commonwealth of Pennsylvania. Petition to compel the installation of passenger service on a branch railroad. Prom the record it appeared that the branch in queS' tion was a part of the Mine Hill and Schuylkill Haven Railroad leased to the Philadelphia & Reading Raihvay Company. The legislative history of the branch is set forth in the opinion of the Superior Court. The…

1Opinion of the Court

Opinion by

Kephart, J.,

This is an appeal from the order directing the appellant to furnish passenger service on what is called the Middle Creek branch to and from Newtown. The authority to make the order is not disputed and is contained in Paragraph M, Section 1 of Article II of the Public Service Act. The appellant challenges the order for the reasons, (1) that the portion of the appellant’s road over which the service was directed to be made was a leased line upon which passenger service had never been continuously in effect, and freight service, except for intermittent shipments, had…

2Cases cited2 opinions

  1. Central Trust Co. v. Central Trust Co. of Ill.Supreme Court of the United States · 1910
  2. Glen Rock Motor Club v. York & Maryland Line Turnpike Co.Superior Court of Pennsylvania · 1916

3Cited by6 opinions

  1. Borough of Carlisle v. Public Service CommissionSuperior Court of Pennsylvania · 1923
  2. Peoples Natural Gas Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1922
  3. New York & Pennsylvania Railway Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1919
  4. Passyunk Avenue Business Men's Ass'n v. Public Service CommissionSuperior Court of Pennsylvania · 1919
  5. Lehigh Valley Transit Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921

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