SAYRE LAND CO. v. PA. P. U. C., 409 Pa. 356 (1962)

185 A.2d 325

Sayre Land Company v. Pennsylvania Public Utility Commission, Appellant.

Supreme Court of Pennsylvania.May 22, 1962.
November 13, 1962.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and O’BRIEN, JJ.

Appeal, No. 31, May T., 1962, from order of Superior Court, March T., 1961, No. 7, reversing decree of Court of Common Pleas of Dauphin County, No. 2117 Equity Docket 1954, No. 150 1/2 Commonwealth Docket, 1954, in case of The Sayre Land Company v. Pennsylvania Public Utility Commission. Order affirmed.

Same case in Superior Court: 196 Pa. Super. 417.

Action in equity to enjoin Pennsylvania Public Utility Commission from entertaining jurisdiction over plaintiff as a public utility. Before SOHN, J.

Adjudication filed finding for the defendant; exceptions to adjudication dismissed and final decree entered. Plaintiff appealed to Superior Court which reversed

Page 357

decree, opinion by ERVIN, J.; WRIGHT and FLOOD, JJ., filed separate dissenting opinions. Appeal to Supreme Court allowed.

Edward Munce, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellant.

James H. Booser, with him Harry H. Frank, and McNees, Wallace Nurick, for appellee.

OPINION PER CURIAM, November 13, 1962:

Order of the Superior Court reversing decree of the lower court is affirmed on the opinion of Judge ERVIN, 196 Pa. Super. 417, 175 A.2d 307 (1961).

Mr. Justice COHEN and Mr. Justice EAGEN would reverse the order of the Superior Court and reinstate the final decree of the Court of Common Pleas of Dauphin County.