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MOTOR FREIGHT EXPRESS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (03/26/56)

March 26, 1956

MOTOR FREIGHT EXPRESS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 238, Oct. T., 1955, from order of the Pennsylvania Public Utility Commission, Application Docket No. 76842, Folder 1, Am-A, in case of Motor Freight Express v. Pennsylvania Public Utility Commission and J.W. Peterson, John E. Murphy and Walter E. Leonard, trading as Turnpike Express. Order reversed.

COUNSEL

James W. Hagar, with him McNees, Wallace & Nurick, for appellant.

John E. Fullerton, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, and John R. Gavin and William A. Donaher, Assistant Counsel, for Public Utility Commission, appellee.

Jerome Solomon, with him Frederick L. Kiger, for applicant, intervening appellee.

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

Author: Woodside

[ 180 Pa. Super. Page 624]

OPINION BY WOODSIDE, J.

This is an appeal by Motor Freight Express from an order of the Pennsylvania Public Utility Commission dated October 31, 1955, granting to J. W. Peterson, John E. Murphy and Walter E. Leonard, Co-partners trading and doing business as Turnpike Express, the supplemental right to interchange property (excluding certain enumerated special types) with authorized Class A. B and D carriers for original pickup and final delivery in the counties of Allegheny and Westmoreland provided the shipments have destination or origin in the City of Philadelphia and within thirty-five (35) miles of the limits thereof, and vice versa.

Turnpike Express, Intervening Appellee in this case, had been granted a certificate of public convenience to operate motor vehicles as a Class D Common Carrier between points in the counties of Allegheny and Westmoreland and the City of Philadelphia and within thirty-five (35) miles of the limits thereof and vice versa, by a short form order dated November 16, 1953,

[ 180 Pa. Super. Page 625]

    followed by a long form order dated December 13, 1954.*fn1

Motor Freight Express, appellant herein, also protested the original certification, and on appeal we upheld the action of the Commission, finding that the evidence amply supported the conclusion that such additional carrier was necessary for the public convenience, particularly to satisfy the public need for direct overnight service between the Philadelphia and Pittsburgh areas. Motor Freight Express v. Pennsylvania Public Utility Commission (No. 2), 180 Pa. Superior Ct. 307, 119 A.2d 668 (1956).

During the hearing on the original application Turnpike Express made it clear that it would pick up the shipments and deliver the shipments itself, and did not intend to employ any of the local carriers in pickup and delivery even if the shipment were small and ...


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