Opinion
No. 33315
Decided May 27, 1953.
Public Utilities Commission — Order relating to railroad grade crossing protection — Written opinion to be filed — Section 614-46a, General Code — Failure to file, error — Cause remanded for compliance with statute.
APPEAL from the Public Utilities Commission.
This proceeding originated before the Public Utilities Commission by the filing by appellant of an application for authority to install automatic flashing light signals and short-arm gates with automatic bells in substitution for manually operated gates at a grade crossing in Wauseon. The commission ordered that the existing crossing protection be maintained in all respects as it is, and that such protection be supplemented by the addition of two automatic flasher light signals.
The commission concedes that, in entering such order, it failed to file a written opinion setting forth the reasons prompting its decision, together with a resume of the facts upon which its decision was based, as required by Section 614-46 a, General Code.
The cause is in this court on appeal from the order of the commission.
Mr. Robert R. Pierce, Mr. Wesley A. Wilkinson and Mr. A. Compton Russell, for appellant. Mr. C. William O'Neill, attorney general, Mr. James M. Burtch, Jr., and Mr. John P. Case, for appellee.
The Public Utilities Commission was in error in failing to comply with the requirements of Section 614-46 a, General Code, above referred to. The cause is, therefore, remanded to the Public Utilities Commission for a full compliance with those statutory requirements. New York Central Rd. Co. v. Public Utilities Commission, 155 Ohio St. 337, 98 N.E.2d 833.
Cause remanded.
MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.
WEYGANDT, C.J., not participating.