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W. J. DILLNER TRANSFER CO. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (07/13/54)

: July 13, 1954.

W. J. DILLNER TRANSFER CO.
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



COUNSEL

Ernie Adamson, Pittsburgh, J. Paul Rupp, Storey, Bailey & Rupp, Harrisburg, for appellant.

Thomas M. Kerrigan, Harrisburg, Jack F. Aschinger, Mechanicsburg, Asst. Counsel, Lloyd S. Benjamin, Counsel, Pa. Pub. Utility Comm., Harrisburg, for appellee.

Paul F. Barnes, Shertz, Barnes & Shertz, Philadelphia, for intervening appellees.

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

Author: Rhodes

[ 175 Pa. Super. Page 473]

RHODES, President Judge.

The Pennsylvania Public Utility Commission by its order of August 11, 1952, directed W. J. Dillner Transfer Company, a motor carrier, to 'cease and desist the transportation of sheet steel and coils of steel, or any other transportation not authorized by its certificates of public convenience.'

Among Dillner's certificate rights is the following grant (A. 61744, Folder 3) by order of the Commission dated May 19, 1947:

'To transport, as a Class C carrier, property in shipments, weighing five thousand (5,000) pounds or more, which because of its size or weight requires special handling and the use of special equipment such as trucks having winches or special equipment attached, or

[ 175 Pa. Super. Page 474]

    trucks of special body construction, or pole trailers, or drop-frame trailers, from points in the City of Pittsburgh, Allegheny County, and a radius of fifty (50) miles thereof, to other points in Pennsylvania.' This order further provided that Dillner's 'application insofar as it refers to all other transportation be and is hereby refused for lack of necessity.'

The Commission, on January 16, 1950, issued a rule against Dillner to show cause why its certificate of public convenience, at A. 61744, Folder 3, should not be canceled or other penalties imposed for violation of its certificate. The Commission charged Dillner with alleged violations on December 3, 1949, and December 19, 1949. On December 3, 1949, Dillner transported twenty-one coils of steel from Carnegie-Illinois Steel Corporation, Irwin Works, Dravosburg, Pennsylvania, to Enamel Metal Strip Corporation, Allentown, Pennsylvania; and on December 19, 1949, Dillner transported sheet steel in three tractor-trailer units from Carnegie-Illinois Steel Corporation, Irwin Works, to Budd Company, Philadelphia, Pennsylvania. The Commission in its rule charged that such transportation of steel was in violation of Dillner's certificate of public convenience because 'the property transported * * * did not require special handling or the use of special equipment, and * * * none of the * * * tractor-trailer trucks were of special body construction or equipped with winches or special equipment.'

Dillner admitted, in its answer to the rule, the shipments of steel set forth in the Commission's rule; but Dillner denied, however, that such shipments were in violation of its certificated rights, and averred that the shipments were of such weight as to require special equipment, and that the vehicles were of special body design. Dillner ...


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