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NEW KENSINGTON CITY LINES v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (04/18/63)

April 18, 1963

NEW KENSINGTON CITY LINES, INC. ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 2 and 4, March T., 1963, from order of Pennsylvania Public Utility Commission, Application Docket No. 68524, Folder 2, in cases of New Kensington City Lines, Inc. v. Pennsylvania Public Utility Commission, and Culmerville, Russellton & Cheswick Transit Company v. Same. Order affirmed.

COUNSEL

Ernest S. Burch and Henry M. Wick, Jr., with them Richard J. Smith, and Nauman, Smith, Shissler & Hall, and Delisi and Wick, for protestants, appellants.

William A. Gochman, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Leo M. Stepanian, for applicant, intervening appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).

Author: Rhodes

[ 200 Pa. Super. Page 491]

OPINION BY RHODES, P.J.

These appeals by two protestants are from the final order of the Pennsylvania Public Utility Commission,

[ 200 Pa. Super. Page 492]

    dated June 11, 1962,*fn1 granting W. L. Roenigk the limited right to render group and party service by motor vehicle from the Township of Harrison, Allegheny County, to points in Pennsylvania. W. L. Roenigk filed his application on May 9, 1961, seeking a certificate covering group and party service from the Townships of Harrison and Fawn and the Borough of Brackenridge, Allegheny County, to points in Pennsylvania. Protests were filed by the two present appellants, New Kensington City Lines, Inc., and Culmerville, Russellton and Cheswick transit Company (C.R. & C. Transit). Following hearings the commission entered a short form order on January 22, 1962, granting applicant group and party rights from the Townships of Harrison and Fawn and the Borough of Brackenridge, Allegheny County, to points in Pennsylvania. Protestants immediately appealed to this Court.

On March 7, 1962, this Court granted the commission's petition for remission of the record for entry of a long form order. We also granted the commission's request, made at the instance of applicant's counsel, to amend the short form order so as to exclude therefrom grant of group and party rights from the Township of Fawn and the Borough of Brackenridge so that such rights covered only group and party service from the Township of Harrison, Allegheny County, to points in Pennsylvania.

The scope of our review on appeal is limited. We may not disturb the order of the commission except for error of law, lack of evidence to support the finding, determination, or order of the commission, or a violation of constitutional rights. Highway Express Lines, Inc., v. Pennsylvania Public ...


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