PA. RAILROAD CO. v. PA. P.U.C.


396 Pa. 34 (1959)

Pennsylvania Railroad Company v. Pennsylvania Public Utility Commission, Appellant.

Supreme Court of Pennsylvania.

May 18, 1959.


Attorney(s) appearing for the Case

Edward Friedman, Deputy Attorney General, with him Louis J. Carter and Edward Munce, Assistant Counsel, and Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellant.

David Berger, City Solicitor, with him James L.J. Pie and Alan Miles Ruben, Assistant City Solicitors, for City of Philadelphia, intervening appellant.

Mead J. Mulvihill, Jr., Assistant City Solicitor, with him David Stahl, City Solicitor, for City of Pittsburgh, intervening appellant.

Windsor F. Cousins, with him John B. Prizer, for Pennsylvania Railroad Company, appellee.

George C. Doering, David P. Reese, Gordon E. Neuenschwander, and Lockwood W. Fogg, Jr., for various railroads, interested parties, under Rule 46.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.


OPINION BY MR. CHIEF JUSTICE JONES, May 18, 1959:

The order of the Superior Court, purporting to abrogate so much of the Public Utility Commission's Rule 10 of its Railroad Regulations as "requires application to and approval by the Commission `prior to the removal, elimination, or substantial change in the schedule of any passenger train . . .'", must be vacated. The matter was coram non judice. The Superior Court was, therefore, without jurisdiction to entertain...

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