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ERIE LACKAWANNA RY. CO. v. P. U. C. O.

No. 70-708.

27 Ohio St. 2d 227 (1971)

ERIE LACKAWANNA RY. CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 14, 1971.

Attorney(s) appearing for the Case

Mr. Wallace R. Steffen, for appellant.

Mr. William J. Brown, attorney general, and Mrs. Sally W. Bloomfield, for appellee.

DUNCAN, J.

The two cars in question in this case are not cabooses in that they do not conform to the specifications of R. C. 4963.21 Furthermore, since they are not cabooses, it is equally clear that they cannot be used for a "like purpose," i.e., used for the purpose that cabooses are used.

It is apparent that the General Assembly, in enacting R. C. 4963.21, was concerned with the safety and health of railroad employees, and the safe operation of trains...

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