BESSEMER & L.E.R.R. CO. et al. v. PA. P.U.C.


210 Pa.Super. 7 (1967)

Bessemer and Lake Erie Railroad Company et al., Appellants, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

June 16, 1967.


Attorney(s) appearing for the Case

Blair S. McMillin, and Reed, Smith, Shaw & McClay, for railroads, appellants.

Thomas J. Smith, of the New York Bar, for railroad, appellant.

Richard N. Clattenburg, for railroads, appellants.

Harris J. Latta, Jr., for railroad, appellant.

Robert O. Smith, Jr., of the Maryland Bar, and John A. Shrader, for railroad, appellant.

John F. Reilly, of the New York Bar, and Paul Bedford, for railroad, appellant.

William P. Quinn, for railroads, appellants.

Grodon E. Neuenschwander, for railroad, appellant.

René J. Gunning, of the Maryland Bar, for railroad, appellant.

D.F. Donovan, of the Ohio Bar, W.L. Hill, Jr., and Warren, Hill, Henkelman & McMenamin, for railroad, appellant.

William A. Goichman and Louis J. Carter, Assistant Counsel, with them Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

T.P. Shearer, with him Brandon, Shearer & Flaherty, for railroad brotherhoods, intervening appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.


OPINION BY ERVIN, P.J., June 16, 1967:

These appeals by eleven railroads operating in Pennsylvania are from two orders of the Pennsylvania Public Utility Commission dated November 22, 1965 and December 19, 1966 ordering the railroads to promulgate appropriate operating rules to provide flagging protection "when a train stops [or is moving] under circumstances in which it may be overtaken by another train." In general, appellants contend that flagging protection is...

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