DEPT. OF TRANS. v. P.U.C. and P. & S. R.R. CO.

Appeal No. 175 C.D. 1971.

3 Pa.Commw. 405 (1971)

Department of Transportation v. P.U.C. and The Pittsburg & Shawmut Railroad Company.

Commonwealth Court of Pennsylvania.

November 5, 1971.


Attorney(s) appearing for the Case

William E. Bethards, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Alan R. Squires, Assistant Counsel, with him Edward Munce, Acting Counsel and Thomas C. Dick, Assistant Counsel, for appellee, P.U.C.

Matthew A. Crawford, with him Thomas D. Stauffer, for intervening appellee, The Pittsburg & Shawmut Railroad Company.

Argued September 8, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE KRAMER, November 5, 1971:

This is an appeal from an Order of the Pennsylvania Public Utility Commission (PUC) dated September 7, 1970, and a denial (February 10, 1971) of a motion for modification of said order, in which it was generally ordered, inter alia, (1) that the Pennsylvania Department of Transportation (PENNDOT) post and maintain on each approach to the crossing a 12-ton limit sign; (2) that PENNDOT make repairs as may be necessary...

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