Monongahela Connecting Railroad v. Pennsylvania Public Utility Commission

211 A.2d 113, 206 Pa. Super. 17, 1965 Pa. Super. LEXIS 756
CourtSuperior Court of Pennsylvania
DecidedJune 17, 1965
DocketAppeal, No. 12
StatusPublished
Cited by8 cases

This text of 211 A.2d 113 (Monongahela Connecting Railroad v. Pennsylvania Public Utility Commission) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monongahela Connecting Railroad v. Pennsylvania Public Utility Commission, 211 A.2d 113, 206 Pa. Super. 17, 1965 Pa. Super. LEXIS 756 (Pa. Ct. App. 1965).

Opinion

Opinion by

Watkins, J.,

In this appeal from an order of the Pennsylvania Public Utility Commission the appellant, The Monongahela Connecting Bailroad Company, complains that the order was not supported by substantial evidence; and that the order would impair the ability of the appellant to serve its principal shipper, the Pittsburgh Works of Jones & Laughlin Steel Corporation.

This case began with a complaint to the Public Utility Commission filed by the Co-Operative Legislative Committee, Bailroad Brotherhoods in the State of Pennsylvania and George W. Legge, a trainman employee of the appellant, seeking relief from an alleged unsafe condition resulting from the operation of railroad movements by the appellant over the hot metal bridge in the City of Pittsburgh. The commission granted relief in part and this appeal followed. The brotherhoods were permitted to intervene.

The complaint was filed under the provisions of Art. IY, §§401, 413 of the Public Utility Law, Act of May 28, 1937, P. L. 1053, 66 PS §1101 et seq. As we said in Erie-Lackawanna Railroad Company v. Pennsylvania Public Utility Commission, 205 Pa. Superior [20]*20Ct. 291, 208 A. 2d 908 (1965), decided April 13, 1965, “At the outset it should be noted that after years of railroad regulation by the commission they have developed a staff of technicians for their counsel and advice on matters that have to do with railroad operation in the safety field, so that they are able to take notice of what may be obvious hazards to the personnel and the public.” Their orders in regard to safety problems must therefore be entitled to great weight by the reviewing court. The commission is given the power and jurisdiction to grant relief to railroad employees whose personal safety is jeopardized by conditions under which they work. Pa. Railroad Co. v. Pa. P.U.C., 202 Pa. Superior Ct. 114, 195 A. 2d 162 (1963); Reading Co. v. Pa. P.U.C., 188 Pa. Superior Ct. 146, 146 A. 2d 746 (1958). The only question before us is whether the order was arbitrary and unreasonable; that the commission abused its administrative discretion; and that the order was not supported by competent and probative evidence.

The hot metal bridge is located near 29th Street, Pittsburgh and crosses certain mill and rail facilities on both the north and south banks of the Monongahela River as well as the river itself. It is a single track bridge, 1200 feet in length and has a grade in excess of two (2%) per cent. For more than twenty-five years the railroad has been operating two movements of freight over the bridge. The two movements are known as the hot metal and Talbot movements. The bridge connects the blast furnaces of Jones & Laughlin on the north side of the river with the open hearth furnaces on the south side of the river.

The hot metal movement is made up on the north side where individual ladle cars are loaded with hot metal at the blast furnaces. They are assembled in a train consisting of a diesel locomotive, four ladle cars and three spacer cars which serve as separators and [21]*21distributors of the weight of the ladle cars. The entire movement weighs approximately 850 tons. The train is pushed up grade and southwardly by the diesel locomotive over the bridge to the open hearth furnaces on the south side. There the ladle cars are dumped into a mixer from where they go into the open hearth furnaces. The empties are then moved back across the river.

Each ladle car loaded weighs approximately 180 tons and each is equipped with a hand brake. There is no air brake equipment on the ladle or spacer cars. The diesel locomotive has air brake equipment. The number of hot metal movements across the bridge varies depending upon the demand of the steel plant customer. It reached as many as 22 trips per day in January 1962 and presently consists of three or four daily trips. In the so-called Talbot movement across the bridge the diesel locomotive pushes four to eighteen hopper cars containing raw material from the north side to the open hearth furnaces on the south side. These cars weigh 180,000 pounds loaded. They are equipped with train line air brakes.

As in Erie-Lackawanna Railroad Company v. Pennsylvania Public Utility Commission, supra, and in the instant case, the record does not disclose the kind of substantial evidence a reviewing court would like to see in it. We realize, only too well, that in hazardous occupations such as mining and railroading, especially in hot metal movements, all the safety regulations in the world won’t remove the hazard entirely but safety regulations that may reduce an industrial hazard should always be installed if such installation does not destroy the competitive life of the business.

Substantial evidence has been defined as meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Pittsburgh & Lake Erie R.R. Co. v. Pa. P.U.C., 170 Pa. Superior Ct. [22]*22411, 85 A. 2d 646 (1952). This record contains sufficient evidence as so defined. The appellant’s chief contention is that its service would be so impaired by the delays occasioned by putting train line air brakes in operation that they would be unable to meet the requirements of the peak loads of the steel company.

It should also be pointed out that the financial cost of the changes involved is not important to the appellant but only the impairment of service to the customer. We have said many times that the economics of the situation where railroads are concerned in this modern era is to be taken into consideration but we have also said “that unlike petitions for the reduction of services to save costs, where the Commission is under a duty to take into consideration the modern economic plight of railroads and permit the saving, . . . no saving could be permitted at any risk to the safety of the public.” Delaware & Hudson R.R. Corp. v. Pa. P.U.C., 198 Pa. Superior Ct. 464, 182 A. 2d 254 (1962). The appellant makes much of the fact of the prior good safety record of this operation and that there is no evidence of prior accidents resulting in wrecks or personal injury during the many years of operation. However, if we were to decide these problems only on that basis in the face of evidence of a probably dangerous situation that could be corrected with air brakes and the next month personal injury or death result from an accident caused by inefficient braking on the hob bridge, there would indeed be a red-faced court. As we said in Pa. Railroad Co. v. Pa. P.U.C., supra, at page 117: “Although there is no substantial evidence of the occurrence of any serious accidents at this crossing, we do not believe that fact limits the power of the Commission to correct a condition which it believes may lead to the injury or death of persons subjected to such condition,”

[23]*23The following findings can be gleaned from the opinion of the Commission.

“From the record before us it is difficult to visualize the topography and track layout which affects working conditions. It appears that the hot metal bridge which spans the Monongahela River is about 1000 feet in length and that its 1.58 per cent grade is followed for the next 400 feet by a 2.06 per cent grade and for the following 400 feet by a 2.19 per cent grade. The grade ascending from north to south then drops back to 1.48 per cent.

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Bluebook (online)
211 A.2d 113, 206 Pa. Super. 17, 1965 Pa. Super. LEXIS 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monongahela-connecting-railroad-v-pennsylvania-public-utility-commission-pasuperct-1965.