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PENN CENTRAL TRANSPORTATION CO. v. PUB. UTIL. COMM.

No. 73-54.

35 Ohio St. 2d 97 (1973)

PENN CENTRAL TRANSPORTATION CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1973.

Attorney(s) appearing for the Case

Mr. Grey K. Nelson, Mr. Thomas R. Shulina and Mr. Alex L. Fricke, for appellant.

Mr. William J. Brown, attorney general, and Mr. Walter E. Carson, for appellee.

CORRIGAN, J.

The sole question presented by this appeal is whether the Public Utilities Commission has jurisdiction to order a railroad to destroy and remove weeds and brush from its right of way upon the complaint of the operator of an adjoining farm that such conditions have an adverse effect upon the operation of his farm.

It is well settled in Ohio that the Public Utilities Commission is a creature of the General Assembly and may exercise no jurisdiction...

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