Appeal, No. 18, March T., 1960, from order of Pennsylvania Public Utility Commission, Complaint Docket No. 16854, in case of Pennsylvania Public Utility Commission v. W. J. Dillner Transfer Company. Order affirmed.
G. Thomas Miller, with him Ernie Adamson, and Bailey, Pearson, Miller & Bolton, for appellant.
Morris Mindlin, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.
Before Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., and Hirt, J., absent).
[ 191 Pa. Super. Page 138]
This is an appeal from an order of the Pennsylvania Public Utility Commission sustaining its own complaint and directing that W. J. Dillner Transfer Company "cease and desist transportation of property for compensation between points in Pennsylvania in any manner or between any points other than as heretofore authorized by certificate of Pennsylvania Public Utility Commission.", and further directing Dillner to pay to the Commonwealth of Pennsylvania "a penalty of $5,000 for violations of the Public Utility Law as established and found in the instant complaint." The commission found 1,240 violations. Dillner, in effect, admitted transporting the property but asserted it had a right to do so under certificates granted to it by the commission. It complains of the fact that the commission did not prove the type of equipment used but contented itself with showing the kind of property hauled. The commission, on the other hand, took the position that Dillner did not have the right to haul the kind of property which the proofs show it did haul between the places where it was hauled.
In order to determine this controversy it will be necessary to refer in some detail to the certificate rights heretofore granted to Dillner and to the history of the transactions between Dillner and the commission.
On November 23, 1942, at Application Docket No. 61744, Folder 2, Dillner was granted the following authority: "To transport, as a Class D carrier, property between points in the County of Allegheny;
"To transport, as a Class C carrier, property from points in said county to other points in Pennsylvania;
"To transport, as a Class D carrier, beer, ale, and other brewed products of the Pittsburgh Brewing Company
[ 191 Pa. Super. Page 139]
in the City of Pittsburgh, and Fort Pitt Brewing Company in the Borough of Sharpsburg, Allegheny County, from the said breweries in the said city and borough to points within two hundred (200) miles by the usually traveled highways of the limits of the respective city and borough, and the return of empty containers to the said breweries;
"subject to the following conditions, inter alia:
"SECOND: That in the transportation of merchandise from retail stores to consumers within the City of Pittsburgh and the County of Allegheny, the certificate holder is limited and restricted to shipments where the goods of only one shipper will be transported on a truck at any one time.
"THIRD: That the rights, powers and privileges hereby granted with respect to the transportation of goods from points within the City of Pittsburgh and within the County of Allegheny to points outside of Allegheny County are limited to truckload shipments of two thousand pounds or more in weight from one consignor to one consignee, and to points within fifty (50) miles by the usually traveled highways of the City-County Building, Pittsburgh; provided, ...