Public Service Commission v. Baltimore & Ohio Railroad

Citations

• 260 Pa. 323
• 103 A. 724
• 1918 Pa. LEXIS 512

Syllabus

<p>Public Service CorApany Law — ■Public Service Commission — Bight of Public Service Commission to appeal — Act of June 8,1915, P. L. 779 — Act of July M, 1918, P. L. 187If, Art. VI, Sec. Bl — Pull Crew Act of June 19, 1911, P. L. 1058 — Diming car conductor acting as braheman.</p> <p>1. Under Section 21 of the Act of July 26, 1913, P. L. 1374, making it the duty of the Public Service Oomrpissipn to file an an■swer to an appeal taken from its action in the Court of Common Pleas of Dauphin County, and under Section 30 of the Act of June 3, 1915, P. L. 779, giving any party to the record aggrieved by the final judgment, order or decree of the Superior Court a right of appeal to the Supreme Court, the Public Service Commission may become a party to the record in the Superior Court by filing an answer and may appeal from a decree of the Superior Court reversing its order in the premises.</p> <p>2. The fact that .a conductor in charge of a train may at any time require a dining car conductor to act in the capacity of brakeman or that he may act in the dual capacity of dining car conductor and brakeman is no justification for holding that such dining car conductor was a brakeman, especially where it appears that he never performed the duties of a brakeman.</p> <p>3. Where a passenger train had a crew consisting of an engine-man, a fireman, a conductor, a baggageman and a flagman, and a dining car conductor, but no brakeman, as required by the Full Crew Act of June 19, 1911, P. L. 1053, Section 5, unless the dining car conductor could be regarded as a brakeman, the Public Service Commission properly decided that the dining car conductor could not be counted as a brakeman, although he might have been required to act as such in an emergency, and the Superior Court erred in reversing an order of the commission, in favor of complainant, entered upon a complaint alleging a violation of the said Act of 1911.</p>