173 Pa. Super. 581 | Pa. Super. Ct. | 1953
Opinion by
The proceedings which gave rise to this appeal had their beginning in December 1951 when Pittsburgh Railways Company applied to the Public Utility Commission, under §202 of the Public Utility Law of May 28, 1937, P. L. 1053, as amended, 66 PS §1122, for leave to abandon its street railway service on a portion of “Route 2 — Etna” and “Route J — Millvale” between the intersection of East Ohio Street and Troy Hill Road in the City of Pittsburgh, and the boroughs
The applications were heard together, and in a consolidated order the Commission approved the abandonment of street railways as prayed for on Route 2 — Etna and Route 3 — Millvale upon the inauguration of motor bus service by the Railways Company, which was concurrently authorized by the Commission. The order was made upon a finding by the Commission, from the evidence before it, “that approval of the instant applications is necessary or proper for the service, accommodation, convenience or safety of the public”. Section 203 of the Public Utility Law, supra, 66 PS §1123 provides that the Commission in granting a certificate of public convenience based upon a finding to
The street railway routes involved in this proceeding extended over six miles of public road. Of twelve miles of trackage, measured in terms of single track, approximately 10.6 miles were upon State highways. The City of Pittsburgh did not object to the substituted service or the conditions imposed by the Commission on approval of abandonment. The Department of Highways was a party to the proceedings from their inception and, following the approval of the applications, petitioned the Commission for a modification of the conditions of its order. As to the area of East Ohio Street under contract for an entirely new pavement, the Department sought a modification of the order requiring the Railways Company on removal of its tracks to rebuild the entire track area to conform with
In imposing conditions on abandonment under sections 202 and 203 of the Public Utility Law, supra, the Commission is not limited to matters of service merely, but has the power to impose conditions in the interests of public safety as well. Conditions which may be imposed, however, must be reasonable and they cannot raise the standard of duty of the utility as fixed by law. Facilities abandoned by a utility in a street or highway, unless removed, may be dangerous to the public, and create a nuisance. Tracks of a railway in any street are an impairment of vehicular traffic and may create a serious hazard when wet. Under the common law it was the duty of a utility on abandonment of its service to remove its tracks and to restore the invaded area in the interest of the safety of the public. However, under §203 supra, the Commission, in the exercise of its discretion under existing circumstances, may require less than a full performance
The Commission in its order of abandonment imposed conditions in effect requiring the Railways Company to do no more than to restore the track area to a condition comparable with the then surface of the roadways on the existing flanks. The order in this respect was in accordance with the Commission’s general policy. Cf. West Penn Rwys. Co. v. Pa. P. U. C., p. 97, supra, (135 Pa. Superior Ct. 89). There is competent evidence that, even in the sections of the State Highway, which are not now to be reconstructed, the condition of the ties and concrete base left in place will not result in a paving maintenance problem for 20 years. In the scope of the order the Commission did not exceed its authority under the Public Utility Law. The order is reasonable and there is ample support in the evidence for the conditions imposed. This court has repeatedly held that the conclusions of the Commission will not be disturbed unless they are capricious, arbi
Order affirmed.