187 Pa. Super. 587 | Pa. Super. Ct. | 1958
Opinion by
On December 24, 1957, the Pennsylvania Railroad Company notified the Public Utility Commission that it proposed to revise the schedules of its inter-city passenger trains effective February 16, 1958. This notice was given pursuant to an informal practice of the Company, and was not required by any regulation or order of the Commission. Thereafter, the Company proceeded to publish and distribute new timetables, and to sell tickets and reserve space in accordance therewith. Connecting schedules of other railroads at terminal points were adjusted, and necessary arrangements made regarding the transportation of mail. On January 31, 1958, the Cities of Pittsburgh and Philadelphia filed petitions with the Commission protesting the new schedules and requesting that they be suspended. A similar petition was filed by the Co-opera-
A majority of this court, not including the writer, was originally persuaded by the Company’s vigorous resistance to the Commission’s petition for remission of the record. However, it has now been concluded that the order of June 17, 1958, refusing the petition for remission, should be reconsidered. Essentially the
The prior order of this court dated June 17, 1958, refusing the petition for remission is set aside, and it is ordered that the record be remitted to the Commission so that the proceeding may be vacated, costs to be divided equally between the intervening-appellees.
Reversion to eastern standard time required still another revision of the Company’s schedules, effective October 26, 1958.
This court made two other orders on June 17, 1958, which are not here material. One order dismissed without prejudice a motion to quash filed by the City of Philadelphia. The other order granted the Company’s petition for continuance and consolidation of argument.
In its brief in appeal No. 313, October Term, 1958, the Company concedes that “The legal questions presented by the two appeals are substantially similar".