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PENN CENTRAL CO. v. DEPARTMENT OF PUBLIC UTILITIES

356 Mass. 478 (1969)

253 N.E.2d 339

PENN CENTRAL COMPANY & another vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1969.

Attorney(s) appearing for the Case

Richard J. Ferriter for Penn Central Company (Chester A. Prior for Boston & Maine Corporation with him).

Walter H. Mayo, III, Assistant Attorney General, for the Department of Public Utilities.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.

CUTTER, J.

The railroads seek review under G.L.c. 25, § 5, as amended, of an order (May 15, 1968) of the department (the D.P.U.) requiring certain tools and emergency lighting to be provided on railroad passenger cars operating in Massachusetts. In the county court the case was reserved and reported without decision by a single justice.

The D.P.U. in 1967, as a consequence of certain serious accidents involving...

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