Appeal, No. 64, Oct. T., 1957, from order of Pennsylvania Public Utility Commission, Oct. 1, 1956, Application Docket No. A 71539, Folder 5, in case of Louis J. Paradise, trading and doing business as Paradise Trucking Company, v. Pennsylvania Public Utility Commission and Fowler & Williams, Inc. et al. Order vacated and record remanded.
Richard V. Zug, with him Ernest J. Gazda and Edmonds, Obermayer & Rebmann, and Gazda & Cottone, for appellant.
Paul Ribner, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.
Charles L. Casper, with him John H. Hersker and Fahey & Casper, for intervening appellees.
Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).
[ 184 Pa. Super. Page 10]
We are here concerned with the appeal of Louis J. Paradise, trading as Paradise Trucking Company, from an order of the Pennsylvania Public Utility Commission dated October 1, 1956. The order under consideration rescinded a prior order of the Commission dated July 12, 1954, and directed that the service which Paradise was providing under authority of said prior order should forthwith cease. On November 16, 1956, we granted a supersedeas. It will be necessary to set forth the history of the proceeding in some detail.
Russell J. Lott, trading as Lott Motor Lines, had operated since 1939 as a common carrier under certificate of public convenience issued by the Pennsylvania Public Utility Commission. His most recent certificate, dated August 9, 1948, at Docket No. 30986, Folder 9, included eight Class D rights and one Class C right. Among these was the right to transport, as a Class D carrier, raw materials, machinery and manufactured
[ 184 Pa. Super. Page 11]
products between points in the Borough of Laceyville, Wyoming County, and within fifty miles of the limits of the said borough. The base of his operation was Meshoppen, Wyoming County.
On November 28, 1953, Paradise filed an application at Docket No. 71539, Folder 5, for a transfer of the rights issued to Lott. Paradise was already a certificated common carrier, having been authorized on October 9, 1950, to transport as a Class B carrier, property between points in the City of Scranton and within three miles of the city limits; also to transport household goods to points within forty miles of Scranton, coal to points within ten miles, and materials usually transported in dump trucks to points within twenty-five miles. Following the filing of protests, a hearing was held on March 12, 1954. Testimony was received from both Paradise and Lott, and from witnesses for the protesting carriers. On July 12, 1954, an order was issued evidencing the Commission's approval of the transfer. Paradise thereupon established a general transportation service for property of all kinds in the Scranton area, and between that area and points to the east as far as Honesdale, to the south as far as Hazleton, to the west as far as Williamsport, and to the north as far as the New York line. The base of his operation is Scranton.
On July 26, 1954, counsel for the protestants acknowledged receipt of a copy of the Commission's order. On August 13, 1954, there was filed with the Commission, on behalf of the protesting carriers an "application for rehearing and reconsideration and rescission of the order". An answer was filed by Paradise on August 19, 1954. We here digress to point out that the Commission should have avoided the subsequent ...