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HARRY F. ATKINSON & SONS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/11/58)

June 11, 1958

HARRY F. ATKINSON & SONS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 225, Oct. T., 1957, from order of Pennsylvania Public Utility Commission, Docket No. A46901, Folder 2Am-A, in case of Harry F. Atkinson & Sons v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

James L. Price, with him Richman, Price & Jamieson, for appellant.

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

Morris J. Winokur, and Winokur & Kahn, for applicant, intervening appellee.

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

Author: Gunther

[ 186 Pa. Super. Page 538]

OPINION BY GUNTHER, J.

This appeal is from an order of the Pennsylvania Public Utility Commission by Harry F. Atkinson and Sons, a common carrier by truck, granting additional motor carrier operating authority to William G. Thompson, intervening appellee. The contention is that the Commission's order is not supported by substantial evidence and is, therefore, an abuse of discretion.

On July 30, 1956, William G. Thompson, holder of certificates of public convenience, authorizing transportation

[ 186 Pa. Super. Page 539]

    of property as a common carrier between points within Pennsylvania, filed an application for additional rights as a Class D carrier to transport property for four enumerated firms between points in the city of Philadelphia. At the hearing, one of the firms for which authority was requested was deleted. Protests were filed by fourteen motor carriers and on April 8, 1957, after hearing, the Commission issued a "short form" order approving the application "to transport, as a Class D carrier, property for G. J. Littlewood & Sons, Inc., Bankin Yarn Co., Inc., and Wissahickon Plush Mills, Inc., between points in the City of Philadelphia, Philadelphia County." On May 8, 1957, appellant filed an appeal from said order and also filed a petition for supersedeas. On June 15, 1957, we allowed the supersedeas and, on the same day, upon application of the Commission for remission of the record, we remitted the record so that the Commission could issue a long form order. This order was issued on June 24, 1957 and this appeal followed.

The record indicates that the type of service applied for and requested by the shippers enumerated in the application is particularly individual and personalized service which the Protestants have not and do not provide. The representatives of Wissahickon Plush Mills, Inc., testified that other carriers cannot be relied upon to provide the fast service required and are not familiar with the location of the various departments of the company so as to proceed and select quickly and efficiently the merchandise which must be transported. On certain occasions, carriers were not available when needed and the service offered was not satisfactory. The representative of G. J. Littlewood and ...


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