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DEPARTMENT OF TRANSP. v. P.U.C. et al.

Appeal, No. 136 C.D. 1970.

3 Pa.Commw. 473 (1971)

Department of Transportation v. P.U.C. et al.

Commonwealth Court of Pennsylvania.

December 3, 1971.

Attorney(s) appearing for the Case

Herbert G. Zahn, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Larry Gesoff, Assistant Counsel, with him Anthony J. Marino, Assistant Counsel, and Edward Munce, Acting Counsel, for appellee, P.U.C.

Joseph M. O'Malley, with him A.W. Heese, Jr., for intervening appellee, Reading Company.

Francis B. Haas, Jr., with him Edward W. Rothman, Assistant City Solicitor, and Leonard Tintner, Assistant County Solicitor, for intervening appellees, City of Harrisburg and County of Dauphin.

Argued November 3, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

OPINION BY JUDGE WILKINSON, December 3, 1971:

This is an appeal from an Order of the Public Utility Commission (Commission) issued October 5, 1970. The proceedings before the Commission were initiated by the City of Harrisburg (City) by the filing of a complaint which averred, inter alia, that the 17th Street bridge over the tracks of the Lebanon Valley branch of the Reading Company had deteriorated to...

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