City of Johnstown v. Johnstown & Stony Creek R. R.

Citations

• 75 Pa. Super. 540
• 1921 Pa. Super. LEXIS 59

Syllabus

<p>Public Service Commission — Public Service Company Law— Grade crossings — Safety gates — Order of maintenance — Costs.</p> <p>Where the Public Service Commission has found that safety gates are necessary at a grade crossing where the tracks of two railroad companies cross a city street, the apportionment of the cost of construction and maintenance is not necessarily determined by the trackage and property values of the respective companies. The proportion in which such expenses should be borne by both companies maintaining the tracks across the street rests largely in the sound discretion of the Public Service Commission.</p> <p>Where the order is neither arbitrary nor unreasonable, and not confiscatory,- it will not be disturbed on appeal.</p>