Schuylkill County v. Public Service Commission

Citations

• 77 Pa. Super. 504
• 1921 Pa. Super. LEXIS 306

Syllabus

<p>Railroad crossings — Alteration—Expense—Liability—Apportionment of costs — County—Boroughs—Public Service Company Law.</p> <p>A county, in which is located a bridge carrying the tracks of a railroad company over a state highway, which has been declared dangerous by the Public Service Commission, and ordered to be changed, is a “municipal corporation concerned,” within the meaning 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.</p> <p>The fact that the crossing in question is located in a borough within the county, does not affect the liability of the county to pay a portion of the costs, upon the order of the Public Service Commission.</p> <p>The Public Service Company Law authorizes the commission to require payment of the cost of the reconstruction of crossings by the public service company or companies or municipal corporations concerned, or by the Commonwealth in such proportions as the commission may after hearing, determine.</p> <p>The inhabitants of the county have a concern and interest that is at once direct and immediate in the use of the reconstructed crossing, freed from the dangers of which complaint was made to the Public Service Commission.</p>