Co-operative Legislative Committee of Transportation Brotherhoods v. Public Utilities Commission
Co-operative Legislative Committee of Transportation Brotherhoods v. Public Utilities Commission
Opinion of the Court
The dismissal order of the commission recites that the company had taken care of the accumulation of wild growth, debris and rubbish along and between the yard tracks, and no further mention is made of that subject in the order.
The order of the commission finds it had jurisdiction by virtue of Section 614-3, General Code, to promulgate and enforce proper orders relating to the protection, welfare and safety of railroad employees and the traveling public and cites Akron & Barberton Belt Rd. Co. v. Public Utilities Commission, 148 Ohio St., 282, 74 N. E. (2d), 256.
The order states that the sole question before the commission was whether it should promulgate an order requiring oil-burning switch lights on all essential ■and active switches on the tracks of. the company in the yards in question. The order expresses the opinion of the commission that the evidence did not show, •and there had been insufficient experience to demonstrate, that the present and contemplated use of reflectorized targets creates a condition that is dangerous to railroad employees and the traveling public. The order states that the evidence did not bear out the contention that the use of reflectorized targets in place •of oil-burning switch lights, especially when switching
Although the assignment of errors sets forth three claimed errors, counsel for appellant in their brief present only two questions covering such errors. The questions will be stated and decided seriatim.
1. Are the findings of fact and order of the commission manifestly against the weight of the evidence, and unreasonable and unlawful ?
As stated in Co-operative Legislative Committee of Transportation Brotherhoods v. Public Utilities Commission, 150 Ohio St., 270, 80 N. E. (2d), 846, which statement is supported by cases cited in the opinion, this court will not substitute its judgment for that of the commission as to conclusions drawn from the evidence, unless the finding and order are manifestly against the weight of the evidence or there is no evidence to sustain such finding and order.
There is testimony in the record to support the conclusion that all essential and active switches are-equipped with oil-burning switch lights. Counsel for appellant cite Brotherhood of Locomotive Firemen and Enginemen v. Mobile & Ohio Rd. Co., 362 Ill., 122, 199 N. E., 283, in which the railroad was ordered to re
Counsel for appellant in their brief insist that the installation of oil-burning switch lamps at two ■switches, after accidents, is conclusive proof that such •a lamp is a safety device. The record does not establish that the absence of switch lamps was a cause of those accidents.
Such counsel contend that if the safety of the employees and others exposed to the hazards is to be necognized, oil-burning switch signals should be required where signals are found to be necessary. This contention was covered by the latter part of the order •of the commission reciting the deduction that the company will use lights or targets as conditions and necessity of each switch warrant.
2. The action taken by the commission does not fully meet and dispose of its responsibility under the facts and law.
Counsel for appellant argue that the commission refused to determine the safeness or unsafeness of re-
The order of the Public Utilities Commission is not unlawful or unreasonable and is, therefore, affirmed.
Order affirmed.
Reference
- Full Case Name
- Co-operative Legislative Committee of Transportation Brotherhoods v. Public Utilities Commission of Ohio
- Status
- Published