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


430 Pa. 339 (1968)

Bessemer and Lake Erie Railroad Company, Appellant, v. Pennsylvania Public Utility Commission.

Supreme Court of Pennsylvania.

May 21, 1968.


Attorney(s) appearing for the Case

Richard N. Clattenburg, with him Blair S. McMillin, and Reed, Smith, Shaw & McClay, Harris J. Latta, John A. Shrader, S. Keene Mitchell, Jr., William P. Quinn, Gordon E. Neuenschwander, W.L. Hill, Jr., Donald A. Brinkworth, and Thomas J. Smith and John F. Reilly, of the New York Bar, and Robert O. Smith, Jr. and Rene J. Gunning, of the Maryland Bar, and D.F. Donovan, of the Ohio Bar, for railroads, appellants.

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

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

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE ROBERTS, May 21, 1968:

With the advent of mechanical devices for controlling the movement of more than one train on a single track, many railroads in Pennsylvania have abandoned the old system of flagging, whereby a man was dispatched to the rear of a halted train to place flares and wave flags, thus insuring against rear end collisions. The abandoning of the flaggers forms the basis of this controversy.

On July 22, 1964, a union filed...

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