Opinion
No. 33434
Decided November 4, 1953.
Public Utilities Commission — Powers — Order for protection of railway employees — Requiring railroad to desist from certain practice in yards — Appeal — Order not disturbed, when — Conflicting evidence.
APPEAL from the Public Utilities Commission.
The filing with the Public Utilities Commission of a complaint as to an alleged unsafe practice of "humping" cars on tracks of the New York Central Railroad Company in its Stanley Yard K at Toledo at a time when train crews are engaged in making up trains on such tracks resulted in an order of the commission requiring the railroad company to desist from such practice.
The cause is now in this court on appeal from that order. Appellant railroad company contends that the order is contrary to the weight of the evidence, is supported by insufficient evidence, is arbitrary, unlawful and unreasonable and does not relate to the protection, welfare and safety of railroad employees, and that its enforcement will constitute an undue burden on interstate and intrastate commerce.
Mr. Robert R. Pierce and Mr. Wesley A. Wilkinson, for appellant.
Mr. C. William O'Neill, attorney general, Mr. John P. Case and Mr. James M. Burtch, Jr., for appellee.
The evidence in this case is conflicting. There is substantial evidence in the record to support a finding either in favor of or against the appellant. From an examination of the record, the order of the commission does not appear to be unreasonable or unlawful, and it is, therefore, affirmed.
Order affirmed.
MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.
WEYGANDT, C.J., not participating.