Appeal, No. 1, March T., 1957, from order of Pennsylvania Public Utility Commission, Dec. 19, 1955, Complaint Docket No. 16136, in case of Weston Hauling, Inc. v. Pennsylvania Public Utility Commission. Order affirmed.
Harry H. Frank, with him Jefferson C. Barnhart, Marshall G. Matheny, Matthews & Matheny, and McNees, Wallace & Nurick, for appellant.
William A. Donaher, Assistant Counsel, with him Edward Munce, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.
Jerome Solomon, for complainants, appellees.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 505]
We are here concerned with the appeal of Weston Hauling, Inc., from an order of the Pennsylvania Public Utility Commission which sustains a complaint by Valley Freight Line, Inc., and Keystone Lawrence Transfer and Storage Company, and directs that appellant cease and desist from transportation other than as authorized by its certificate of public convenience. It will be necessary to set forth the factual background in some detail.
On August 16, 1938, following the filing of a complaint by a number of carriers alleging the transportation of property without a certificate of public convenience, Conte Brothers, a partnership, made application to the Commission for authority to render certain service as set forth in the footnote.*fn1 Protests were
[ 185 Pa. Super. Page 506]
filed by the complainants and other carriers. At the hearing on September 14, 1938, counsel for Conte Brothers made a statement for the record expressly limiting the application, which statement is also set forth in the footnote.*fn2 By its order dated January 29, 1940, the Commission sustained the complaint without penalty, and directed that a certificate of public convenience issue evidencing approval of the following authority (italics supplied): "the right to lease heavy hauling equipment with drivers to contractors, equipment dealers and industrial concerns on an hourly or daily rate basis for the purpose of moving heavy industrial machinery, contractors' equipment and materials of all kinds, particularly tractors, rollers, concrete mixers, power shovels and other road building equipment and materials, between points in the Borough of Wilkinsburg, Allegheny County, and within a radius of 50 miles thereof and from points in the said
[ 185 Pa. Super. Page 507]
territory to points in the Commonwealth of Pennsylvania west of and including the counties of McKean, Cameron, ...