210 Pa. Super. 1 | Pa. Super. Ct. | 1967
Opinion by
This is an appeal by the Port Authority of Allegheny County from the order of the Pennsylvania Public Utility Commission, dated October 21, 1966, granting the application of Pittsburgh Railways Company (Railways) to be relieved of the obligation to maintain the present Black’s Bridge, carrying Crafton Blvd. across two tracks of the Pennsylvania Railroad, and directing the Authority to maintain the bridge until further order of the commission.
The present appeal follows our decision in Allegheny Co. Port Authority v. Pa. P. U. C., 207 Pa. Superior Ct. 299, 217 A. 2d 810 (March 21, 1966), wherein the commission at A.86350 apportioned the cost of a new bridge at the Black’s Bridge crossing, directing that Railways and the Authority pay 30%, jointly, of such costs. Reversing the commission and remanding for further proceedings, we there stated, at pages 310
The order of the commission is supported by evidence; liability of the Authority is sustainable on a legal basis, and the order will be affirmed. The testimony and evidence of record before the commission shows the following: Mr. Buzzard, Superintendent of Transportation for Railways prior to March 1, 1964, and Operating Manager for the Authority thereafter, stated Railways operated two certificated streetcar routes (Route, 27, Carnegie, and Route 28, Heidelberg) over Black’s Bridge prior to January 16, 1961, when the commission permitted conditional abandonment of these street railway routes and the substitution of buses thereon. The order of January 16, 1961 provided that “the abolition 'and/or alteration of steam railroad crossings above, or below, grade be performed as directed by subsequent orders to issue at A.86340 to A.86355.’” (207 Pa. Superior Ct. 299, 303) Mr. Buzzard and Mr. Palmer, Vice Chairman of Railways, both testified that from June 21, 1959 to Octo
Clearly the Authority acquired the rights of Railways at Black’s Bridge crossing when it condemned Railways and continued to operate Routes 27 and 28 to Carnegie and Heidelberg. Railways’ Routes 27 and 28 were not abandoned. The January 16, 1961 order of the commission (207 Pa. Superior Ct. 299, 303) conditionally permitted abandonment of street railway service and the substitution of bus service on these routes, subject to further orders of the commission as to alteration of the crossings: Pittsburgh Rwys. Co. v. Pa. P. U. C., 198 Pa. Superior Ct. 415, 182 A. 2d 80 (1962); Allegheny Co. Port Authority v. Pa. P. U. C., 207 Pa. Superior Ct. 299, 303, 306, 217 A. 2d 810.
Appellant emphasizes a stipulation between Railways and the Authority that neither the bridge nor the
Order affirmed.