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MERZ WHITE WAY TOURS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (06/12/64)

decided: June 12, 1964.

MERZ WHITE WAY TOURS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



Appeal from order of Pennsylvania Public Utility Commission, Docket No. 14506, Folder 4, AM-G, in re application of Gray Line Motor Tours, Inc.

COUNSEL

John Stewart, with him Blair F. Gunther, and Raspin, Espenshade, Heins, Erskine & Stewart, for appellant.

Miles Warner, Assistant Counsel, with him Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Harry H. Frank, with him Gilbert Nurick, and McNees, Wallace & Nurick, for applicant, intervening appellee.

Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. Opinion by Flood, J.

Author: Flood

[ 204 Pa. Super. Page 45]

This is an appeal by Merz White Way Tours from a final order of the Pennsylvania Public Utility Commission, dated July 10, 1963, granting the intervening appellee, Gray Line Motor Tours, Inc. authority to extend its certificate so as to "transport, as a common carrier, groups and parties of persons, persons on special excursions and tours or sight-seeing trips" between points in the City of Philadelphia and from points in Philadelphia to other points in Pennsylvania but refusing a requested extension to enable it to render group and party service from points on the Main Line suburban area of Philadelphia to points in Pennsylvania for lack of showing of public necessity.

[ 204 Pa. Super. Page 46]

Gray Lines' existing authority consisted of the right to transport persons in groups and parties within the City of Philadelphia, and from Philadelphia to points within 25 miles thereof, to Bethlehem during the Christmas season, and to Gettysburg by way of Harrisburg. It also holds interstate authority to conduct round trip charter transportation between Philadelphia and points and places in New Jersey, Delaware, Maryland and the District of Columbia.

The application was protested by five carriers, including the appellant. The commission held extensive hearings on the application, and after the receipt of briefs, entered a short form order, on April 8, 1963, extending Gray Lines' rights to the extent mentioned and, after certain other proceedings on July 10, 1963, entered the long form order from which this appeal is taken.

Of the five protestants, only Merz White Way Tours, Inc. is appealing. Merz has interstate authority as a charter and excursion carrier to transport from Philadelphia, and points within fifty miles from City Hall, to places and points in eleven states. Its intrastate authority is similar to that granted Gray Line in the present order. It includes group and party service, special excursions and tours from points in Philadelphia to points in Pennsylvania and between points in the City of Philadelphia. Greyhound Corporation also has, in addition to its regular routes, limited authority to conduct groups and parties from Philadelphia to points and places in Pennsylvania.

1. Merz contends that there was insufficient proof of the need for the authorized service, or that the existing service was inadequate.

The commission found that "there is a public need for a general intrastate tour and excursion service from Philadelphia origins which is not being met by existing ...


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