Johnstown v. Johnstown & Stony Creek Railroad
Johnstown v. Johnstown & Stony Creek Railroad
Opinion of the Court
Opinion by
This is an appeal from an order of the Public Service Commission directing the appellant to install safety gates and supply a watchman, the entire cost of construction and maintenance to be equally divided between it and the Baltimore & Ohio Railroad Company. The property value of the Baltimore & Ohio Railroad Company in connection with the crossing and the business done by that company was largely in excess of that of the appellant. The appellant has two tracks at this crossing, while the Baltimore & Ohio Railroad Company has eleven, and it is averred by the appellant that its use of the crossing amounts to five per cent, of the entire use by utility concerns. We can find no evidence bearing on the order for division of cost and maintenance in the proportion fixed by the commission, but any change we might suggest as to how this cost should be divided would be a substitution of our judgment for that of the
The order is affirmed at the cost of the appellant.
Reference
- Full Case Name
- Johnstown v. Johnstown & Stony Creek Railroad Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Public Service Commission — Railroads—Cost of installing safety gate — Discretion of commission. An order of the Public Service Commission directing that the costs of installing a safety gate and maintaining a watchman at a crossing of two railroads, be equally divided between the two companies, will be sustained where there is no evidence in the record bearing on the order as to the cost. Any suggestion of the appellate court in such a case as to how the cost of the gates and maintenance should be divided, would be a substitution of, the judgment of the court for that of the commission; and this cannot be done.