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ZURCHER v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. WESTON HAULING (07/14/53)

July 14, 1953

ZURCHER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION. WESTON HAULING, INC. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION. AMBROSIA V. PENNSYLVANIA PUBLIC UTILITY COMMISSION. MARTIN ET AL. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION. MOONEY BROS. TRUCKING CO. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION



COUNSEL

Frederick L. Kiger and Jerome Solomon, Pittsburgh, for appellants.

Thomas M. Kerrigan, Paul E. Beaver, Asst. Counsel, and Lloyd S. Benjamin, Counsel, Harrisburg, for Penna. Pub. Utility Comm.

Arthur J. Diskin, Pittsburgh, for Arthur A. Freda, t/a Freda's Trucking Co., intervening appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.

Author: Rhodes

[ 173 Pa. Super. Page 345]

RHODES, President Judge.

These appeals are from the order of the Pennsylvania Public Utility Commission, dated August 25, 1952, enlarging and amending the rights previously granted Arthur A. Freda, trading as Freda's Trucking Company, and giving him the right to transport, as a Class D Carrier, clay products (excluding refractory brick, furnace brick and fire brick) from points within sixty air-line miles of the City-County Building, City of Pittsburgh, Allegheny County, Pennsylvania, to job sites in the territory, provided that no haul should exceed a distance of sixty miles from point of origin to point of destination. The certificate granted also contained a condition excluding rendition of service 'to or from the Borough of New Bethlehem, Clarion County, and points within a radius of five (5) miles thereof.'

Applicant, who had held a certificate authorizing him to haul building material and clay products for J. J. Schano and McCrady-Rodgers Company, sought the right to serve contractors generally, especially in haulage of building brick and tile, within the sixty mile radius to job sites where the material would be used in building homes and apartments.

Protests were filed in the names of twenty-five carriers. Most of the protests were withdrawn. Four witnesses testified as protestants at the hearings. In its

[ 173 Pa. Super. Page 346]

    reference to these witnesses the Commission in its order said: 'One witness represented two (2) protestants -- Mooney Brothers Trucking Company and Weston Hauling, Inc. Both of these companies have headquarters in New Castle. Mooney Brothers is not authorized to transport to or from points in Allegheny County and Weston Hauling, Inc. is certificated to lease equipment without drivers, an activity not contemplated by the application now being considered. The testimony of the witness representing DeBolt Transit Company was generally vague, indefinite and uncertain and, therefore, of little value in this proceeding. Another protestant witness holds a permit as a contract carrier but is not certificated as a common carrier.'

Edward Zurcher, the principal protestant and an appellant, presently holds a certificate authorizing him to transport brick, clay products, etc., from points within one hundred miles of the Borough of Wilkinsburg, Allegheny County, to points within fifty miles of said borough, and also between points within fifty miles of the Borough of Wilkinsburg.

Hearings were held before the Commission on November 27, 1951, and January 14, 1952, at which both applicant and protestants presented evidence. On June 16, 1952, the Commission entered a short form order granting applicant the modified rights sought. The record was remanded to the Commission, and the ...


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