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MOTOR FREIGHT EXPRESS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (NO. 1). (01/17/56)

January 17, 1956

MOTOR FREIGHT EXPRESS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION (NO. 1).



Appeal, No. 33, March T., 1952, from order of the Pennsylvania Public Utility Commission, Docket No. A-51738, Folder 6, in case of Motor Freight Express v. The Pennsylvania Public Utility Commission and Samuel Schreiber and Marian Schreiber, trading as Schreiber Transportation Co. Order affirmed.

COUNSEL

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

John R. Gavin, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Paul H. Rhoads, with him Jerome Solomon, F. Eugene Reader, Walter W. Shearer, and Rhoads, Sinon & Reader, for applicant intervening appellee.

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

Author: Rhodes

[ 180 Pa. Super. Page 296]

OPINION BY RHODES, P.J.

This is an appeal by Motor Freight Express from an order of the Pennsylvania Public Utility Commission of November 29, 1954, granting to Schreiber Transportation Company certain rights to transport property by motor vehicle. Samuel Schreiber and Marion Schreiber, co-partners, trading as Schreiber Transportation Company, requested authority at Application Docket 51738, Folder 6, to transport property by motor vehicle, as a class A carrier, from the City of Pittsburgh and within a radius of fifty miles of the City-County Building in said city to points in the City of Philadelphia and within a radius of fifty miles of City Hall, in said city, and vice versa, excluding all intermediate points. Applicant was previously certificated as a class D carrier to transport foodstuffs for Lutz and Schramm from the City of Pittsburgh to various points in Pennsylvania; to transport structural glass for the United Plate Glass Company from the City of Pittsburgh and points within sixty miles of the city limits of the City of Pittsburgh to points in eastern Pennsylvania; to transport sugar from the City of Philadelphia to the City of Pittsburgh and points within fifty miles of the City-County Building;

[ 180 Pa. Super. Page 297]

    and to transport steel products for the Carnegie-Illinois Steel Corporation from its plants in the Counties of Allegheny and Westmoreland within fifty miles of the City-County Building in Pittsburgh to points in the City of Philadelphia.

The application was filed August 26, 1949, and Schreiber proposed to render direct overnight service between the areas covered in the application. Protests were filed by sixteen carriers. After numerous hearings, briefs were filed and oral argument was held before the commission. On August 13, 1951, the commission granted applicant authority to transport as a class D carrier property, excluding household goods and office furniture in use and property requiring the use of carryalls, winch trucks, winch tractors or pole trailers, from the City of Pittsburgh and points within an airline distance of thirty-five miles of the City-County Building in the City of Pittsburgh to points in the City of Philadelphia and points within thirty-five miles of City Hall in that city and vice versa, excluding intermediate points. By supplemental order of September 17, 1951, upon joint petition of certain affected carriers and applicant, the commission further excluded transportation of commodities in bulk in tank vehicles. The commission refused petitions for supersedeas and for rehearing and reconsideration, and on December 13, 1951, one of the protestants, Motor Freight Express, filed this appeal. Schreiber Transportation Company was allowed to intervene as an appellee. As the order of August 13, 1951, was in short form, the commission presented a petition to this Court for remission of the record in order to make more specific findings of fact; we granted the petition on January 23, 1952. The commission's mission's order of November 29, 1954, from which this appeal has been taken, granted applicant the same rights as set forth in its order of August 13, 1951.

[ 180 Pa. Super. Page 298]

Prior to its approval of Schreiber's application in the present proceeding, the commission had granted certain rights to five motor carriers to transport property generally between the Philadelphia and Pittsburgh areas. A certificate was issued to Clark-Callahan, Inc. (now Highway Express Lines, Inc.) on September 30, 1940. Two other certificates were issued in 1940, to wit, Alko Express Lines (now held by Motor Freight Express) and Philadelphia-Pittsburgh Carriers, Inc. Under wartime conditions two additional certificates were granted in 1942, one to Kramer Brothers Freight Lines, Inc., and the other to Lancaster Transportation Company. From 1942 the commission did not see fit to grant any additional certificates for service between these areas although there have been numerous requests for ...


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