Pittsburgh, Bessemer & Lake Erie Railroad v. Public Service Commission

Citations

• 71 Pa. Super. 15
• 1919 Pa. Super. LEXIS 20

Syllabus

<p>Railroads — Overhead crossings — Apportionment of cost — Public Service Commission.</p> <p>The Public Service Commission in apportioning the cost of a share of an overhead bridge between two railroad companies, cannot be limited to any fixed rule; .all the factors which enter into a division of the cost is to be taken into consideration, and carefully examined. If it appears from the evidence, and from the maps, plans and photographs submitted, that the commission arrived at what they believed to be a fair ratio, and after reargument wherein various positions of the railroads are fully discussed, the commission makes a final order, such order will not be reversed on appeal by the Superior Court. Any other division that the court might suggest would be merely an expression of their opinion as to what would be proper, and would be entitled to no greater weight than that of the commission appointed to hear and determine such matters.</p> <p>In a proceedings to apportion such costs, the commission may consider, but not as determining factors, the number of trains operated by each road, the width of right of way, the fact that one railroad had a single track, and the other a double track, and that one company in order to elevate its tracks and reduce its grade had the bridge raised several feet, necessitating an additional expense.</p>