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WILEY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/11/58)

June 11, 1958

WILEY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 269, Oct. T., 1957, from order of Pennsylvania Public Utility Commission, September 3, 1957, No. 20766, Folder 2, Amendment C, in case of Fred E. Wiley, trading and doing business as Wiley's Chester Auto Express, v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Robert B. Greer, with him Butler, Beatty, Greer & Johnson, for appellant.

Paul Ribner, Assistant Counsel, with him Howard L. Criden, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Pennsylvania Public Utility Commission, appellee.

James H. Booser, with him McNees, Wallace & Nurick, for Motor Freight Express, intervening appellee.

Paul F. Barnes, with him Shertz, Barnes & Shertz, for intervening appellees.

William J. Taylor, with him William P. Quinn, for intervening appellees.

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

Author: Rhodes

[ 186 Pa. Super. Page 312]

OPINION BY RHODES, P.J.

This appeal is from an order of the Pennsylvania Public Utility Commission denying an applicant a permit to render service as a contract carrier by motor vehicle to one particular shipper where it appeared that, although the applicant was willing and able to perform the service, the existing service of certificated common carriers was sufficient and satisfactory.

Fred E. Wiley, trading and doing business as Wiley's Chester Auto Express, filed an application with the commission on May 4, 1956, under section 804 of the Pennsylvania Public Utility Law, as amended, 66 PS ยง 1304, for a permit to transport as a contract carrier petroleum products, by-products, accessories, equipment and supplies for the Tidewater Oil Company between points in the counties of Philadelphia and Delaware and from points in said counties to other points in Pennsylvania and vice versa. Forty-four protests were filed. A hearing was held on July 13, 1956, at which time Wiley amended his application to exclude the transportation of commodities in tank vehicles and to exclude the transportation of commodities from points of origin in Delaware County. A second hearing was held after which briefs were filed; on May 6, 1957, the commission issued an order refusing the application. Wiley then appealed to this Court.

[ 186 Pa. Super. Page 313]

Since the order of the commission did not contain findings of fact in sufficient detail to enable us to determine the questions in controversy, the record, on July 17, 1957, was remitted to the commission on its petition. On September 3, 1957, the commission issued a long form order setting forth its ...


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