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MODERN TRANSFER COMPANY ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (07/21/55)

July 21, 1955

MODERN TRANSFER COMPANY ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 224, 225 and 226, Nos. 231 to 235, inclusive, and Nos. 240 and 250, Oct. T., 1954, from order of Pennsylvania Public Utility Commission of April 26, 1954 and August 23, 1954, Application Docket No. 59731, Folders 8, Am-A and 9, Am-A, in cases of Modern Transfer Company et al. v. Pennsylvania Public Utility Commission and Jones Motor Company, Inc. Order reversed.

COUNSEL

Paul F. Barnes, with him Shertz, Barnes & Shertz, for appellants.

James H. Booser, with him McNees, Wallace & Nurick, for appellants.

Frank Rogers Donahue, Jr., with him John B. Gest, for appellants.

Albert E. Luttrell, Assistant Counsel, with him Harris J. Latta, Jr., Assistant Counsel, Thomas M. Kerrigan, Assistant Counsel, and Lloyd S. Benjamin, Counsel, for Pennsylvania Public Utility Commission, appellee.

John C. Kelley, with him Randolph Stauffer, William J. Wilcox and Hull, Leiby & Metzger, for applicant, intervening appellee.

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

Author: Rhodes

[ 179 Pa. Super. Page 48]

OPINION BY RHODES, P.J.

These appeals are from an order of the Pennsylvania Public Utility Commission, dated August 23, 1954; two of the five commissioners dissented. The order granted the application of Jones Motor Company, Inc., at Application Docket No. 59731, folders 8 and 9, to modify its presently certificated class A routes in the Allentown, Bethlehem, Easton, Stroudsburg area by an extension of such routes from Allentown to Pottstown, a distance of 13 miles, with the further right to render through service between points on these class A routes, by way of the extension, and points on applicant's other class A routes in the Philadelphia, Pottstown, Reading area.

Originally, Jones had class A rights to haul between the Borough of Bally, Berks County, and Philadelphia and intermediate points, including Spring City, Trappe, King of Prussia, and Bridgeport; between Philadelphia and Reading; and between Reading and Bally. These routes are designated as its "southern"

[ 179 Pa. Super. Page 49]

    routes. In 1949, the Commission denied Jones' application, at Application Docket No. 59731, folder 2, Am-B, to transport property as a class D carrier from points in the Borough of Spring City and within 10 miles to points within 135 miles. In 1950, Jones acquired additional class A routes designated as its "northern" routes, by purchasing the operating authority of Allentown-Easton Motor Express, Inc., and of Allentown-Bangor Motor Transfer, Inc. The latter was certificated to conduct a route service between Allentown, Bethlehem, Stroudsburg, and other points to the north of Allentown in the Pocono area; while ...


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