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PENNSYLVANIA RAILROAD COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (07/17/56)

July 17, 1956

PENNSYLVANIA RAILROAD COMPANY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 310, Oct. T., 1955 and 128, Oct. T., 1956, from orders of the Pennsylvania Public Utility Commission, No. A. 61744, Folder 5, in cases of The Pennsylvania Railroad Company v. Pennsylvania Public Utility Commission, W. J. Dillner Transfer Company; and E. J. Lavino and Company. Orders affirmed.

COUNSEL

Donald A. Brinkworth, with him Basis S. Cole, for appellant.

Miles Warner, Assistant Counsel, with him Jack F. Aschinger, Assistant Counsel, Thomas M. Kerrigan, Acting Counsel, and Harris J. Latta, Jr., Assistant Counsel, for Public Utility Commission, appellee.

G. Thomas Miller, with him Ernie Adamson, J. Paul Rupp, James H. Alton, and Bailey & Rupp, for applicant, intervening appellee.

Robert R. Wertz, for intervening appellee.

Randolph W. Childs, with him J. Stokes Adams, III, and Adams & Childs, for intervening appellee.

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

Author: Hirt

[ 181 Pa. Super. Page 345]

OPINION BY HIRT, J.

For more than 20 years W. J. Diller Transfer Company had been actively engaged in truck transportation as a common carrier. On August 12, 1954, and prior thereto, Dillner, as we shall call this company, had authority under certificates of public convenience, to transport property between points in Allegheny County as a Class D carrier, and to other points in Pennsylvania from Allegheny County as a Class C carrier. Dillner also had authority to haul heavy shipments of specific products from Pittsburgh to points within 200 miles of that city subject to stated limitations. On the above date Dillner filed an application with the Commission for a new certificate the effect of which would be to extend materially the field of its operations. Protests were filed to the application by 41 motor carriers, and by The Pennsylvania Railroad Company on the ground alleged that the service then provided by it and other common carrier transportation agencies, between the points embraced within the application "is adequate and sufficient to serve the needs of the public." Hearings were held on the application in which, on resting its proofs in the proceeding, Dillner requested the grant of temporary operating authority (pending final disposition of the application) to transport property from points in Allegheny County to other points in Pennsylvania set forth in the application. Pennsylvania Railroad along with other carriers filed their protests to this application for temporary rights. The Commission subsequently however over their objection gave Dillner "special permission to transport, as a common carrier, by means of flat-bed trucks or trailers, iron and steel and iron and steel articles

[ 181 Pa. Super. Page 346]

    and products in pieces, packages, or bundles weighing 1,000 pounds or more each and materials and supplies used in the production of iron and steel and iron and steel articles and products on pallets from points in the County of Allegheny to points in the City of Philadelphia and within 35 airline miles of the limits of said city, and vice versa, for a period of four months beginning April 18, 1955, pending disposition of the application, with the proviso that the granting of special permission should have no bearing upon final disposition of the application." We granted supersedeas but on July 25, 1955, after hearing, the Commission in a short-form order granted to Dillner the transfer rights as a Class D carrier, which it had applied for, in substantially the language of the above temporary order. There were added limitations but they are not material here. Six motor carriers and the Pennsylvania Railroad appealed from this order. On their application we granted limited supersedeas. By the terms of the supersedeas Dillner was prohibited from operating under the order of July 25, 1955 except that permission was granted to transport iron and steel products for the United States Steel Corporation from points in Allegheny County to points in the City of Philadelphia and points within 20 miles thereof, and refractory products on pallets for E. J. Lavino and Company from Philadelphia and points within 20 miles of the city to points in Allegheny County. Thereafter at the request of the Public Utility ...


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