Lancaster County v. Public Service Commission

Citations

• 77 Pa. Super. 495
• 1921 Pa. Super. LEXIS 305

Syllabus

<p>BaMroad crossings — Alteration—Exp ense — Liability—Apportionment of costs — Counties—Public Service Company Law.</p> <p>A county is a “municipal corporation concerned,” within the meaning of section 12, article Y, of the Public Service Company Law. The Public Service Commission in such case has authority to require the county to pay a portion of the cost of the alteration and relocation of the crossing of a state highway by a railroad.</p> <p>The provision of the Public Service Company Law which provides that 'where the order of the commission, shall as a part of the regulation of the construction, relocation, alteration or abolition of any crossing, require as incidental thereto, a relocation, change in, or removal of, adjacent structures or other facilities of other public service companies, that said companies shall at their own expense remove the same, has no application to the crossing or structure complained against. It applies only to those facilities, the removal of which is incidental, and not essential to the alteration or relocation of the crossing.</p> <p>The duty of deciding the apportionment of costs in the alteration of a railroad crossing is in the first instance in the Public Service Commission. Where no evidence is furnished that the commission has abused its discretion, the appellate courts will not disturb its order.</p>