Erie R. R. v. Public Service Commission

Citations

• 271 Pa. 409
• 114 A. 357
• 1921 Pa. LEXIS 519

Syllabus

<p>Railroads — Grade crossings — Abolition—Apportionment of expenses — Police power — Public Service Commission — Eminent domain — Implied right — Damages—Acts of July 26, 1918, and July 17,1917.</p> <p>1. Under the Acts of July 26, 1913, P. L. 1374, as amended by the Act of July 17, 1917, P. L. 1025, in a proceeding to abolish a grade crossing, tbe Public Service Commission may order tbe municipality to pay tbe railroad company certain fixed sums and tbe latter to do tbe work, furnish the material, and bear the remaining expense necessary for the elimination of. the crossing. The only requirement is that the order be just and reasonable.</p> <p>2. The law does not require the total expense to be prorated among the respective parties upon a percentage basis.</p> <p>3. The authority to abolish grade crossings is founded upon the police power of the State to protect life and property.</p> <p>4. Where a railroad company has consented to a relocation of the main line of its tracks, it is not necessary for the court to decide whether the Public Service Commission has authority to make an order of relocation.</p> <p>5. The Public Service Commission, being an arm of the State, acting for the public, is clearly clothed with tbe right of eminent domain to condemn land to eliminate a grade crossing.</p> <p>6. The system provided by the Act of 1917, for the assessment of ’damages in grade crossing proceedings, and for the payment of the same, implies the right to take.</p> <p>7. In such proceedings, the property should be taken before the work is started, if it cannot be secured by agreement, and its value ascertained approximately.</p> <p>8. An order for the abolition of a grade crossing should be based upon a finding of its dangerous character, and be accompanied by approved plans and specifications, made a part thereof, exhibiting in detail the method of elimination, and a description of property necessary to be acquired therefor, with an order condemning the same and direc