Opinion
No. 34270
Decided June 8, 1955.
Railroads — Grade crossing — Flasher lights and short-arm gates — Installation ordered by Public Utilities Commission — Order not unlawful or unreasonable.
APPEAL from the Public Utilities Commission.
A proceeding before the Public Utilities Commission, appellee herein, was instituted by the filing of a complaint alleging that a grade crossing of the respondent railroad company's tracks and a certain county road in Lorain County is dangerous and that flasher lights should be installed. An inspector of the commission investigated the crossing and conditions complained of and recommended that flasher-light signals and short-arm gates be installed. A hearing was thereafter had before an attorney examiner of the commission, at which testimony was taken and exhibits presented on behalf of both the complainants and the railroad, appellant herein.
The examiner found that the crossing in question is a four-track crossing; that the rail traffic is comparatively high, one 24-hour check showing 33 passenger and 32 freight trains, and another 24-hour check showing 34 passenger and 23 freight trains, using the crossing; that there is a substantial volume of highway traffic, the same checks showing, respectively, 1,913 and 705 vehicles using the crossing; that the authorized speeds are 80 miles per hour for passenger trains and 60 miles per hour for freight trains on the two center tracks, 40 miles for all trains on the outside eastbound track, and 30 miles for all trains on the outside westbound track; that the approaches to the tracks are ascending to some extent and the angle of the tracks over the highway requires the highway user to look back over his shoulder to get an adequate view; and that the crossing is dangerous and the existing crossing protection inadequate. The examiner recommended that automatic flasher-light signals and short-arm gates be installed.
The commission adopted as its own the examiner's summary of testimony and findings of fact and ordered the railroad to prepare plans and specifications for the installation of automatic flasher lights and short-arm gates and after approval of same by the commission to "proceed immediately to install automatic flasher-light signals and short-arm gates at the subject crossing."
An appeal from that order brings the cause to this court for review.
Mr. W.A. Wilkinson, Mr. A.C. Russell and Mr. Richard S. Weygandt, for appellant.
Mr. C. William O'Neill, attorney general, Mr. Ralph N. Mahaffey, Mr. Everett H. Krueger, Jr., and Mr. James M. Burtch, Jr., for appellee.
This court will not substitute its judgment on questions of fact for that of the commission. It does not appear from an examination of the record that the order of the commission is unlawful or unreasonable. The order is, therefore, affirmed. Baltimore Ohio Rd. Co. v. Public Utilities Commission, 156 Ohio St. 282, 102 N.E.2d 246.
Order affirmed.
MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.
WEYGANDT, C.J., not participating.