Kane & Elk Railroad v. Public Service Commission

Citations

• 69 Pa. Super. 413
• 1918 Pa. Super. LEXIS 96

Syllabus

<p>Railroads — Crossings at grade — Public Service Commission— Allowance for grade crossing.</p> <p>The right assured by Section 1 of Article XVII of the Constitution to a railroad company to construct its tracks across those of another railroad company is now regulated by the Public Service Corporations created by the Act of July 26, 1913, P. L. 1374, and an order permitting sucb a crossing will not be reversed on appeal where it appears that the tracks complained of were short lines, practically switches, to carry freight from a manufacturing establishment; that the trains operated on them were run only at intervals and did not carry passengers; that an overhead crossing was wholly impracticable in the locality; and that the commission caused an examination to be made on the ground by its chief engineer and the investigator of accidents before making the order.</p>