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Pennsylvania Railroad Co. v. Board of Public Utility Commissioners

Decided: December 27, 1957.

THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
THE BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY, RESPONDENT



Goldmann, Freund and Conford. The opinion of the court was delivered by Freund, J.A.D.

Freund

This appeal is from a decision of the Board of Public Utility Commissioners by which the petitioner, Pennsylvania Railroad, was denied permission to discontinue passenger train service, between Phillipsburg and Trenton, New Jersey. This branch line, called the Belvidere Delaware branch, runs north from Trenton along the Delaware River to Phillipsburg, a distance of 50.5 miles, serving the following stations: Trenton (Clinton Street), Trenton (Warren Street), Washington's Crossing, Lambertville, Stockton, Raven Rock, Frenchtown, Milford and Phillipsburg.

The service consists of one train in the morning, No. 2359, leaving Phillipsburg at 5:52 A.M. and arriving at Trenton at 7:33 A.M., and one train in the evening, No. 2372, leaving Trenton at 5:15 P.M., and arriving at Phillipsburg at 6:58 P.M. Although the passenger service involved runs between the terminals above mentioned, the line continues beyond Phillipsburg for another 13.5 miles to Belvidere, New Jersey. However, the Phillipsburg-Belvidere segment is used only for freight traffic. The equipment used on the passenger run consists of a single gas-electric self-propelled car, accommodating 77 persons, operated by a crew of three.

The figures concerning passenger traffic on this branch line adduced before the Board were as follows:

Average Passengers Per Trip

#2359 (To Trenton A.M.) #2372 (From Trenton P.M.)

1954 19.5 21.3

1955 17.3 21.0

1956 (6 mos.) 19.2 21.1

During the periods of eight days from June 20, 1956 to June 29, 1956 (excluding Saturday and Sunday, June 23 and 24) and of five days from August 27, 1956 to August 31, 1956, the railroad recorded the starting points and destinations of the passengers on this line. The averages can be ascertained as follows:

Train #2359 To Trenton (A.M.)

June 20 to June 29 August 27 to August 31

Average Average

On Off On Off

Phillipsburg 2 - 2 -

Milford - - - -

Frenchtown 5 - 5 -

Byram - - - -

Raven Rock - - 1 -

Stockton 5 - 4 -

Lambertville 3 - 2 -

Washington 's Crossing 2 1 1 -

Trenton (Warren St.) - 7 - 6

Trenton (Clinton St.) - 7 - 9

Elsewhere - 2

-- -- -- --

17 17 15 15

Train #2372 From Trenton (P.M.)

June 20 to June 29 August 27 to August 31

Average Average

On Off On Off

Trenton (Clinton St.) 7 - 12 -

Trenton (Warren St.) 7 - ...


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