# Delaware & Hudson Railroad v. Pennsylvania Public Utility Commission

> Superior Court of Pennsylvania · June 14, 1962 · 198 Pa. Super. 464

URL: https://www.frixlaw.com/law-library/cases/6283982

## Case

- **Full name:** Delaware & Hudson Railroad Corporation v. Pennsylvania Public Utility Commission
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 14, 1962
- **Citations:** 198 Pa. Super. 464
- **Precedential status:** Published
- **Opinion:** Dissent by Rhodes
- **Judges:** Ervin, Flood, Montgomery, Rhodes, Watkins, Woodside, Wright
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6283982

## Opinion text

Dissenting Opinion by
Rhodes, P. J.:
I dissent in this case because I think the matter was within the administrative discretion of the commission. As said in Progress Manufacturing Company, Inc., v. Unemployment Compensation Board of Review, 406 Pa. 163, 167 , 176 A. 2d 632 , 634: “The appellate courts do not exist to re-try factual matters better left to determination by the administrative agencies charged with hearing the cases, and we should not begin to alter this approach now.”
Montgomery, J., joins in this dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6283982. Public record. Not legal advice.