Erie Railroad Co. v. Public Service Commission

Citations

• 76 Pa. Super. 170
• 1921 Pa. Super. LEXIS 110

Syllabus

<p>Public Service Commission — Railroad companies — Federal control — Grade crossings — Relocation of trades — Power of commission to order relocation.</p> <p>1. Tbe fact tbat a railroad company was under tbe control of the director general of railroads did not deprive tbe Public Service Commission of jurisdiction over tbe corporation which owned tbe road, in a proceeding to abolish a grade crossing. Where in such proceedings a second crossing is abolished, without expense to tbe railroad company, tbe fact tbat there was no complaint against tbe latter crossing or tbat no testimony was taken in reference thereto, is immaterial.</p> <p>2. In a complaint to abolish a grade crossing tbe ascertainment of damages must not necessarily be determined before tbe order is made, or is the order, on tbat account, incomplete or unsupported by tbe evidence. Tbe order which adopted tbe plan for tbe abolition of tbe crossing is not a taking of property. It is tbe putting tbe plan into execution which injures tbe owner of adjacent property. Tbe assessment of damages would follow the appropriation and tbe estimate of tbe proportionate share of tbe costs, as distributed by tbe commission, would be made following tbe aseer-tainment of land taken and tbe expense of construction. For tbe commission to find tbe damage's would be merely Suggestive, for tbe owner would not be bound by such finding, having a right of appeal to tbe court of comm'on pleas from tbe determination of the' damages by tbe commission.</p> <p>3. Tbe compensation for damages accrues when tbe property has been taken, injured or destroy®! in the Construction;,- relocation, alteration or abolition of any crossing. Tbe injury must result before tbe right to damages arises. Otherwise no order could take effect before the amount of damages was determined by tbe commission. Tbe subject of damages remains within tbe power of tbe Public Service Commission, pending tbe completion of tbe work.</p> <p>4. Under tbe police power of