Pennsylvania Railroad v. Public Service Commission

Citations

• 67 Pa. Super. 575
• 1917 Pa. Super. LEXIS 459

Syllabus

<p>Railroads — Making up of trains — Rear car — Public Service Commission — Act of June 19,1911, Sec. 7, P. L. 1058. '</p> <p>A railroad company violates Section 7 of the Act of June 19, 1911, P. L. 1053, which forbids the operation of a train consisting of United States mail or express cars “without the rear end of the rear car being equipped with exit free from obstruction, platform of thirty inches in width, guard rails and steps,” if, in making up a train it places, as tbe rear car, a United States mail car constructed in strict conformity with the specifications issued by the postmaster general, but not having the rear end equipped in the manner specified by the Pennsylvania statute.</p> <p>The Act of 1911 exhibits no legislative intent to convert the Superior Court of Pennsylvania into a second legislative tribunal, or to place upon the shoulders of the judges of that court the duty of examining and weighing all the evidence and determining for themselves what is a reasonable manner of making up a train within the meaning of Section 7 of the act. This is a matter for the Public Service Commission.</p> <p>The Act of June 19, 1911, P. L. 1053, is a valid exercise of the police power of the Commonwealth, and violates no provision of either the Constitution of Pennsylvania or the Constitution of the United States.</p>