City of Erie v. Public Service Commission

Citations

• 74 Pa. Super. 265
• 1920 Pa. Super. LEXIS 136

Syllabus

<p>Public Service Company Law — Act of July 26,1918, P. L. 187If —Railroads—Abolition of grade crossings.</p> <p>The provisions of section 12 of article V of the Act of July 26, 1913, P. L. 1374, give the Public Service Commission exclusive jurisdiction to order any crossing of a highway over the tracks of a railroad to be relocated, or altered, or to be abolished. Necessarily, when crossings are abolished, the part of the street which crosses the railroad tracks can no longer be a part of the thoroughfare.</p> <p>Act of June 27,1918, P. L. 568 — Municipalities—Closing of city streets.</p> <p>The Act of June 27, 1913, P. L. 568, conferring upon municipalities the control and jurisdiction over the city streets, is not inconsistent with the provisions of the Public Service Company Law. In so far as the closing of streets is a necessary concomitant to the abolition of a grade crossing, the Public Service Commission, to that extent, has control of the streets of a municipal division.</p> <p>Public Service Company Law — Amendment of July 17, 1917, P. L. 1025</p> <p>The amendment to the Public Service Company Law of July 17, 1917, P. L. 1025, giving to the Public Service Commission authority to open highways and to abandon highways, in connection with the reconstruction or abolition of grade crossings, applies only to highways located in boroughs or townships.</p>