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PENNSYLVANIA RAILROAD COMPANY ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (01/21/58)

January 21, 1958

PENNSYLVANIA RAILROAD COMPANY ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 76, 77, and 78, April T., 1957, from order of Pennsylvania Public Utility Commission, January 2, 1957, Application Docket No. A-59300, Folder 2, Amendment C, in case of The Pennsylvania Railroad Company et al. v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Harris J. Latta, Jr. and W. D. Stewart, for appellant.

M. L. Silberblatt, and Bell, Silberblatt & Swoope, for appellant.

Lisle A. Zehner and Mercer & Buckley, for appellant.

Edward Munce, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Henry M. Wick, Jr., with him Samuel P. Delisi, John A. Vuono, and Delisi and Wick, for applicant, intervening appellee.

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

Author: Rhodes

[ 185 Pa. Super. Page 117]

OPINION BY RHODES, P. J.

These appeals are by The Pennsylvania Railroad Company, The New York Central Railroad Company, and The Baltimore and Ohio Railroad Company from an order of the Pennsylvania Public Utility Commission which granted to Blake Brown and Howard Brown, a partnership conducting a motor transportation business in the Borough of Curwensville, Clearfield County, under the name of "Brown Brothers," the limited right to transport coal to areas in eastern Pennsylvania for two coal companies which were previously served only by the railroads. The authorization of this limited motor transportation was based primarily on evidence of the existence of a shortage of rail cars for coal hauling during the "Lake Season," April to October, when iron ore is shipped over the Great Lakes to the steel mills.

Prior to this application Brown Brothers had authority to transport coal, clay, sand, lime, cinders, and other solid fuels between points in a radius of sixty air miles of the Borough of Curwensville, Clearfield County, with certain exceptions and limitations. On December 16, 1955, an application was filed with the commission to amend the existing certificate of public convenience of Brown Brothers in order to acquire the additional right to transport coal, clay, and sand in bulk in dump trucks from points in the counties of

[ 185 Pa. Super. Page 118]

Clearfield, Centre, Elk, Blair, Cambria, Clinton, and Jefferson to other points in Pennsylvania and vice versa. The additional rights sought by this application were extensive and greatly exceeded the rights eventually granted by the commission after receiving the evidence in support of the application. Protests were filed to the application by The Pennsylvania Railroad Company, The New York Central Railroad Company, and three individuals who apparently were also in the transportation business. Hearings were held February 10, April 3, and May 3, 1956. On May 21, 1956, The Baltimore and Ohio Railroad Company was granted leave by the commission to intervene in opposition to the application. On January 2, 1957, after the filing of briefs, the commission issued an order, in short form, modifying and amending the certificate of public convenience of Brown Brothers to include the right, as a class D carrier, to transport in dump trucks coal for the Bradford Coal Company and Thomas Brothers Coal Company, sand from the Borough of Montoursville to the plant of E. M. Brown, Inc., and clay for the Haws Refractories Company. The three railroad companies appealed to this Court from the portions of the order granting applicant the right to transport coal. The other protestants did not appeal. On February 18, 1957, we remanded the record to the commission for preparation of a proper order in conformity with the requirements of section 1005 of the Public Utility Law of May 28, 1937, P.L. ...


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