17 A.2d 904 | Pa. Super. Ct. | 1940
Argued December 10, 1940. This is an appeal from the order of the Public Utility Commission abolishing and in part relocating a crossing in the Borough of Middletown where Catherine Street crosses the tracks of the Pennsylvania Railroad at grade. The commission after hearing, found "that the elimination of a traffic hazard as now exists at the Catherine Street crossing at grade, far outweighs the slight inconvenience which will be occasioned by vehicles" now using the crossing. Accordingly it was ordered that the crossing be abolished but that an underpass for pedestrians be constructed at the location of the existing crossing in accordance with plans submitted. The cost of the new structure was placed on the Department of Highways. The Pennsylvania Railroad was ordered, upon completion of the improvement, to maintain the subway including stairway and drainage facilities, lighting and cleaning of the structure.
There are four main tracks of the railroad in the crossing, as well as other tracks used as sidings. Fifty-five passenger trains pass daily over the main tracks at a maximum speed of 70 miles an hour and about eleven freight trains at lower speeds. There is a curve in the roadbed of the tracks in the vicinity of the crossing and there are buildings on four corners of the intersection near the railroad making it difficult for one to *447 observe the approach of a train. 519 feet west of Catherine Street in Wood Street there is a subway under the railroad for vehicular traffic and a similar underpass in Union Street, 539 feet east of Catherine Street. Both Wood and Union streets run through the borough approximately parallel with Catherine Street and all three provide access to State Highway routes. It is unnecessary to refer further to the testimony for its sufficiency to support the order is not questioned.
In answer to the petition and complaint filed by the State Highway Department, the borough alleged that the Act of January 2, 1934, P.L. 173,
In its fifteenth assignment of error the borough questions the jurisdiction of the commission in a proceeding brought by the Department of Highways as petitioner *448
and complainant. Catherine Street is not part of a State highway. As to jurisdiction of the subject matter there can be no doubt. The Act of May 28, 1937, P.L. 1053, in § 409(b), 66 PS 1179, gives the Public Utility Commission the power to abolish a crossing or order its alteration or relocation. As clearly indicating the exclusive jurisdiction of the commission in such proceedings, even though the final order deprives a borough of the control of its streets, see Erie v. PublicService Com.,
Order affirmed.