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DAILY MOTOR EXPRESS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (03/20/57)

March 20, 1957

DAILY MOTOR EXPRESS, INC. ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 15, 16, 17, 18, 19, 20, 21 and 26, March T., 1957, from orders of Pennsylvania Public Utility Commission, Docket No. 82019, F.2, Am-A and Nos. C 16540, 16541, and 16557, in case of Daily Motor Express, Inc. et al. v. Pennsylvania Public Utility Commission. Orders affirmed.

COUNSEL

Christian V. Graf, John E. Fullerton, and William J. Wilcox, with them Alexander T. Stein, for protestants, appellants.

William A. Donaher, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Lloyd S. Benjamin, with him Heath L. Allen, and Hull, Leiby & Metzger, for applicant, appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, and Carr, JJ. (ervin, J., absent).

Author: Wright

[ 183 Pa. Super. Page 122]

OPINION BY WRIGHT, J.

We are here concerned with appeals from two orders of the Pennsylvania Public Utility Commission. The first grants additional authority to Central Storage and Transfer Company of Harrisburg (hereinafter called Central) in an application proceeding docketed at A.82019, Folder 2, Amendment A. The second disposes of complaints filed against Central docketed at C.16540, 16541, and 16557. The cases are inter-related and the appeals were consolidated for the purposes of brief, argument, and disposition. On October 4, 1956, we denied petitions for supersedeas.

Central has been engaged in the transportation business since 1920. It was originally operated as an individual proprietorship, subsequently became a family partnership, and was organized as a corporation in 1955. Under date of May 31, 1955, its then existing rights were set forth at docket 82019, folder 2, and may be summarized as follows:

[ 183 Pa. Super. Page 1231]

. Class B authority to transport property between points in Harrisburg.

2. Class C authority to transport property from Harrisburg to points in Pennsylvania within 100 miles of the limits of Harrisburg, limited and restricted to perishables and household furniture, provided that other property may be transported if the property of not more than two shippers or two consignees is carried on any one trip.

3. Class A authority over Harrisburg-York route, limited and restricted to the transportation of property from Harrisburg or York to Harrisburg or York, or to intermediate points, subject to the additional proviso that nothing may be transported from York to points between York and Columbia.

4. Class A authority over Harrisburg-Lancaster route, limited and restricted to transportation from Harrisburg, Lancaster or Florin to Harrisburg, Lancaster or Florin, or to intermediate points, subject to the additional proviso that nothing may be transported from Lancaster to points between Lancaster and Elizabethtown.

5. Class D property rights for General Foods Corporation from Camp Hill to points on the ...


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