New York Cent. R. Co. v. Pub. Utilities Comm'n of Ohio, No. 25660.

CourtOhio Supreme Court
Writing for the CourtSTEPHENSON
Citation130 Ohio St. 548,200 N.E. 759
PartiesNEW YORK CENT. R. CO. v. PUBLIC UTILITIES COMMISSION OF OHIO.
Decision Date18 March 1936
Docket NumberNo. 25660.

130 Ohio St. 548
200 N.E. 759

NEW YORK CENT. R. CO.
v.
PUBLIC UTILITIES COMMISSION OF OHIO.

No. 25660.

Supreme Court of Ohio.

March 18, 1936.


Error to Public Utilities Commission.

Proceeding by the Public Utilities Commission of Ohio against the New York Central Railroad Company. To review an order of the commission, the New York Central Railroad Company brings error.-[Editorial Statement.]

Order affirmed.

On February 19, 1935, the Public Utilities Commission of Ohio issued a citation directed to plaintiff in error, the New York Central Railroad Company, in which it was recited:

‘That the prevailing practice of said The New York Central Railroad Company of permitting such pusher engines to be attached to the rear of the caboose on freight trains creates an undue and excessive hazard to life and limb, and that a safe and secure method of using pusher engines would be to attach the caboose to the rear end of the pusher engine, when pusher engines are used to assist the movement of freight trains.’

This citation was followed by an order commanding the railroad company to appear and show cause why an order should not issue requiring the railroad company, ‘whenever it shall employ a pusher locomotive at the rear of a freight train being operated in the state of Ohio, to detach the caboose from the freight cars and operate the train with the caboose at the rear of the pusher engine.’

The matter came on for hearing, and evidence was introduced by the commission, by the railroad company, and by railroad train service brotherhoods. On June 6, 1935, the commission issued its order in the premises, which, upon rehearing, was modified by an amended order, dated August 7, 1935, viz.:

‘That the respondent, The New York Central Railroad Company (Lines West) in the operating of assembled freight trains in the state of Ohio at various points follow the practice of using a pusher engine attached at the rear of such freight trains following the caboose or cabin car, occupied by the members of the train crew whose duties do not at the moment require their presence at other points upon the trains;

‘That the use of the pusher engine to assist the movement of a freight train in the state of Ohio where such pusher engine is attached at the rear of an occupied caboose or cabin car is dangerous and constitutes an extreme hazard to the life and limb of the members of the train crew of such freight train.’

Upon these findings the commission made the following order:

‘Ordered, that the respondent, The New York Central Railroad Company (Lines West), be and hereby is notified, directed and required, effective from and after the date of the service of a copy of this order, in using pusher engines to assist the movement of assembled freight trains within the state of Ohio, to place such engine in front of all occupied cabooses or cabin cars constituting a part of said assembled freight trains.’

To this order the railroad company filed its application for rehearing, which was denied by an order dated September 30, 1935, in which the effective date of the order of August 7, 1935, was postponed to October 15, 1935.

Thereupon the railroad company filed its petition in error herein, praying that the finding and order of the commission, made on August 7, 1935, be reversed, alleging as its reason therefor that such order is unlawful in the following...

To continue reading

Request your trial
12 practice notes
  • Akron & B. B. R. Co. v. Public Utilities Commission, No. 34660
    • United States
    • United States State Supreme Court of Ohio
    • May 31, 1956
    ...production of evidence to support the findings upon which the order is based. In New York Central R. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, 761, it is said in the opinion, concerning the 'It must be conceded that under the authority granted by this section the c......
  • Cincinnati, N. O. & T. P. Ry. Co. v. Public Utilities Commission, No. 71-756
    • United States
    • United States State Supreme Court of Ohio
    • July 12, 1972
    ...orders, relating to the protection, welfare and safety of railroad employees. New York Central Ry. Co. v. Pub. Util. Comm. (1936), 130 Ohio St. 548, 200 N.E. 759; Baltimore & Ohio Rd. Co. v. Pub. Util. Comm. (1951), 156 Ohio St. 282, 102 N.E.2d 246; Akron & Barberton Belt Rd. Co. v. Pub. Ut......
  • Akron & B.B.R. Co. v. Public Utilities Commission, 30818.
    • United States
    • United States State Supreme Court of Ohio
    • July 23, 1947
    ...orders relating to the protection, welfare and safety of railroad employees. (New York Central R. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, approved and followed.) 2. By virtue of the provisions of Section 614-3, General Code, the Public Utilities Commission has th......
  • Baltimore & O. R. Co. v. Public Utilities Commission of Ohio, No. 32595
    • United States
    • United States State Supreme Court of Ohio
    • November 28, 1951
    ...of their employment in a railroad yard. Paragraph one of the syllabus of New York Central Rd. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, and paragraph one of the syllabus of Akron & Barberton Belt Rd. Co. v. Public Utilities Commission, 148 Ohio St. 282, 74 N.E.2d 2......
  • Request a trial to view additional results
12 cases
  • Akron & B. B. R. Co. v. Public Utilities Commission, No. 34660
    • United States
    • United States State Supreme Court of Ohio
    • May 31, 1956
    ...production of evidence to support the findings upon which the order is based. In New York Central R. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, 761, it is said in the opinion, concerning the 'It must be conceded that under the authority granted by this section the c......
  • Cincinnati, N. O. & T. P. Ry. Co. v. Public Utilities Commission, No. 71-756
    • United States
    • United States State Supreme Court of Ohio
    • July 12, 1972
    ...orders, relating to the protection, welfare and safety of railroad employees. New York Central Ry. Co. v. Pub. Util. Comm. (1936), 130 Ohio St. 548, 200 N.E. 759; Baltimore & Ohio Rd. Co. v. Pub. Util. Comm. (1951), 156 Ohio St. 282, 102 N.E.2d 246; Akron & Barberton Belt Rd. Co. v. Pub. Ut......
  • Akron & B.B.R. Co. v. Public Utilities Commission, 30818.
    • United States
    • United States State Supreme Court of Ohio
    • July 23, 1947
    ...orders relating to the protection, welfare and safety of railroad employees. (New York Central R. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, approved and followed.) 2. By virtue of the provisions of Section 614-3, General Code, the Public Utilities Commission has th......
  • Baltimore & O. R. Co. v. Public Utilities Commission of Ohio, No. 32595
    • United States
    • United States State Supreme Court of Ohio
    • November 28, 1951
    ...of their employment in a railroad yard. Paragraph one of the syllabus of New York Central Rd. Co. v. Public Utilities Commission, 130 Ohio St. 548, 200 N.E. 759, and paragraph one of the syllabus of Akron & Barberton Belt Rd. Co. v. Public Utilities Commission, 148 Ohio St. 282, 74 N.E.2d 2......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT