COMTH., ET AL. v. DELAWARE HUDSON RY.

No. 875 C.D. 1974.

19 Pa.Commw. 59 (1975)

Commonwealth of Pennsylvania, Appellee, v. Delaware and Hudson Railway Company, Appellant.

Commonwealth Court of Pennsylvania.

May 14, 1975.


Attorney(s) appearing for the Case

James E. O'Brien, for appellant.

Peter J. Savage, with him Robert J. Kunec, for appellee.

Argued April 4, 1975, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, May 14, 1975:

The facts in this case are not contested. In December 1972, appellant and the Lehigh Valley Railroad, which is not a party to this proceeding, constructed a diagonal cross-over track approximately one-quarter of a mile in length between their respective main tracks in Dupont Borough over vacant lands owned by the railroads. Neither railroad applied for a building permit and both railroads were separately charged with violating...

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