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JOSEPH GARNER v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (01/14/55)

January 14, 1955

JOSEPH GARNER, A. JOSEPH GARNER AND ROBERT W. GARNER, T/D/B/A CENTRAL STORAGE & TRANSFER COMPANY, HARTMANS TRANSPORTATION COMPANY, DAILY MOTOR EXPRESS, INC., INC., HORNS MOTOR EXPRESS, INC., MASSER MOTOR EXPRESS, APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE, MERCHANTS DELIVERY, INC., INTERVENING APPELLEE



Appeals, Nos. 46 to 50, inclusive, March T., 1954, from order of Pennsylvania Public Utility Commission, Application Docket No. 32592, F.2, Am-B, in case of Joseph Garner et al., trading as Central Storage and Transfer Company et al. v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

LeRoy S. Maxwell, with him C.V. Graf, Rhoads, Sinon & Reader and Maxwell & Good, for appellant.

Daniel W. Long, with him Wingerd & Long, for appellant.

Frank A. Sinon, with him Rhoads, Sinon & Reader, for appellants.

Edward Munce, Assistant Counsel, with him Thomas M. Kerrigan, Assistant Counsel and Lloyd S. Benjamin, Counsel, for Public Utility Commission, appellee.

William S. Bailey, with him G. Thomas Miller and Storey, Bailey & Rupp, for applicant, intervening appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Ervin

[ 177 Pa. Super. Page 442]

OPINION BY ERVIN, J.,

These appeals deal with the application of Merchants Delivery, Inc. (hereinafter called appellee) filed with the Commission on October 13, 1949 seeking amendment to its common carrier certificate, originally issued October 29, 1935 and subsequently modified and amended, which granted the right to transport merchandise from freight stations in the City of Harrisburg, Dauphin County, to stores in the same city, and from merchants in the City of Harrisburg to points within seventy-five miles of the limits of said city by the usually traveled highways, and vice versa, provided that nothing but returned goods shall be transported back to Harrisburg; and subject to a condition which limits the transportation to such merchandise (with the exception of typewriters and automobile tubes and tires) as does not exceed fifty pounds in weight per shipment. By this present application the appellee sought an increase of the weight limitation from fifty pounds to one hundred fifty pounds. Protests to this application for amendment were filed by certain competing carriers (hereinafter called appellants).

The Commission held hearings on January 26, 1950 and March 6, 1950 and by order dated February 13, 1951 dismissed the application for lack of necessity. Prior thereto, in August 1950, the appellee had secured, without protest, an amendment permitting it to carry merchandise from fifty to one hundred fifty pounds in weight in an area lying within a ten-mile radius of the City of Harrisburg. On February 27, 1951 appellee filed a petition for a rehearing, which the Commission

[ 177 Pa. Super. Page 443]

    granted on April 30, 1951. Further hearings were held on June 1, 1951, April 7, 1952, May 26, 1952 and June 16, 1952.

On September 8, 1953 the Commission entered an order in short-form, rescinding its order of February 13, 1951 and granting the additional rights sought by the appellee. The appellants appealed to the Superior Court. On October 22, 1953 the Commission petitioned this Court for remission of the record so that specific findings of fact could be made and an order based thereon entered in lieu of the prior short-form order. This Court, on November 9, 1953, remitted the record as requested. On February 8, 1954 the Commission entered the long-form order from which these appeals were taken by the appellants.

The appellee has twelve 3/4 ton closed pick-up delivery trucks which are used to service between 350 and 360 firms in the City of Harrisburg. The twelve trucks start their routine pick-up rounds at 8:00 A.M. each week-day morning, making the last regular pick-up for same day deliveries outside of Harrisburg by about 10:30 A.M. The appellee also makes some emergency pick-ups in the afternoon. The trucks return to appellee's central freight station after the morning pick-up, where the cargo is sorted and reloaded on the trucks; then they fan out making deliveries within their certificated area over approximately eleven routes. If the shipment is picked up on the morning circuit, and it is to be delivered to a point served by the ...


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