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PENNSYLVANIA PUBLIC UTILITY COMMISSION v. JONES MOTOR COMPANY (03/18/59)

March 18, 1959

PENNSYLVANIA PUBLIC UTILITY COMMISSION
v.
JONES MOTOR COMPANY, INC., APPELLANT.



Appeal, No. 53, March T., 1959, from order of Pennsylvania Public Utility Commission, No. C 16813, in case of Pennsylvania Public Utility Commission v. Jones Motor Company, Inc. Order affirmed.

COUNSEL

William J. Wilcox and Christian V. Graf, for appellant.

William A. Goichman and Louis J. Carter, Assistant Counsel, with them Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

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

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

Author: Hirt

[ 188 Pa. Super. Page 451]

OPINION BY HIRT, J.

On August 5, 1957, Pennsylvania Public Utility Commission, of its own motion, filed a complaint against Jones Motor Company, Inc., charging it with violation of Art. II, § 202(b) and (c) of the Public Utility Law of May 28, 1937, P.L. 1053, as amended, 66 PS § 1122. The basis of the complaint was the transportation of commodities by motor truck as a common carrier between points in Pennsylvania without certification by the Commission. Highway Express Lines, Inc., and Modern Transfer Company, Inc., holders of certificates of public convenience issued to them by the Commission, were granted leave to intervene in the proceeding on their allegation that they were adversely affected by the unauthorized carrier activity of the respondent in Pennsylvania.

The complaint specifically charged 22 violations which included: eleven shipments originating in Philadelphia for delivery in Allentown, Bethlehem, Easton and Catasauqua, Pennsylvania; four shipments originating in Easton destined for Philadelphia and Hatboro, Pennsylvania; three shipments originating in Bethlehem for Philadelphia; one shipment originating in Oaks for Bethlehem; one shipment originating in Emmaus for Philadelphia; one shipment originating in Catasauqua for Philadelphia; and one shipment originating in Chester for Bethlehem. That these shipments had been made, was admitted by the respondent; in justification however it asserted certificates of public convenience and necessity issued by the Interstate Commerce Commission, specifically set forth in its answer to the complaint.

The respondent, Jones Motor Company, Inc., holds a number of certificates issued by Pennsylvania Public Utility Commission authorizing it to transport property as a Class A common carrier between points within

[ 188 Pa. Super. Page 452]

    this State. But the extent of the common carrier rights is restricted for the most part to local transportation. They are enumerated in a finding of the Commission thus: "... it is authorized to transport property as a Class A carrier between Allentown and Easton and intermediate points via Bethlehem, Butztown, and Dryland; and it holds rights as a Class A carrier between Bethlehem, Allentown and Stroudsburg and intermediate points over specified routes; between Borough of Bally, Berks County and Philadelphia and intermediate points, including Spring City, Trappe, King of Prussia, and Bridgeport; between Philadelphia and Reading; and between Reading and Bally."

Jones Motor Company, Inc., under Interstate Commerce Commission certificate MC 4963 had authority to transport commodities "From Philadelphia over U.S. Highway 1 to New York and return over the same route." Under the same certificate ancillary carrier service by this respondent was authorized: "to and from off-route points ... in that part of New Jersey within 35 ...


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