Appeal from the Order of the Pennsylvania Public Utility Commission in case of James L. Sunstein, t/a Airport Limousine Service, No. A.80302,F.3.
Richard S. Dorfzaun, with him Robert J. Marino, Dickie, McCamey & Chilcote, for petitioner.
Marlane Chestnut, with her Mark S. Jennings, Assistant Counsel, Alfred N. Lowenstein, Deputy Chief Counsel, and George M. Kashi, Chief Counsel, for respondent.
John A. Pillar, Pillar & Mulroy, with him Jerome Solomon, for intervenor, James L. Sunstein, t/a Airport Limousine Service.
President Judge Crumlish and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers.
[ 60 Pa. Commw. Page 344]
This is an appeal from an order of the Public Utility Commission approving a transfer from Coraopolis Taxi Service, Inc. (transferor) to James L. Sunstein (transferee, trading and doing business as Airport Limousine Service) of the right:
To transport, as a common carrier, persons upon call or demand in the borough of Coraopolis,
[ 60 Pa. Commw. Page 345]
and the townships of Moon, Crescent, Robinson and Findley, Allegheny County.
Yellow Cab Company of Pittsburgh (appellant) opposed the transfer application contending that the transferor, having abandoned the right to render service as evidenced by its certificate of public convenience, had nothing to transfer. An Administrative Law Judge and the Commission found that there had been no abandonment and approved the transfer. This appeal followed. We affirm.
The evidence on the issue of abandonment is as follows:
Clyde Bailey, Esquire, a member of the Allegheny Bar and president of the transferor, purchased the certificate from Mr. and Mrs. Walter Houston in 1970. Mr. Houston was retained to manage the daily operations of the taxi service. Five years later Houston became ill, was hospitalized on several occasions and, although assisted by his wife, was physically unable to provide the level of reliable service desired by ...