Baggett Transportation Co. v. King Motor Lines, Inc.

268 So. 2d 481, 289 Ala. 435, 1972 Ala. LEXIS 1082
CourtSupreme Court of Alabama
DecidedAugust 24, 1972
Docket3 Div. 474
StatusPublished

This text of 268 So. 2d 481 (Baggett Transportation Co. v. King Motor Lines, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baggett Transportation Co. v. King Motor Lines, Inc., 268 So. 2d 481, 289 Ala. 435, 1972 Ala. LEXIS 1082 (Ala. 1972).

Opinion

PER CURIAM.

Baggett filed a complaint before the Alabama Public Service Commission contending that King Motor Line was transporting freight between Mobile and Montgomery without authority to do so. The Alabama Public Service Commission construed the authority of King and concluded that it had no authority to haul freight between these two points. King appealed to the Circuit Court of Montgomery County and the court held that King did have authority to transport freight between Mobile and Montgomery. This appeal followed.

The facts were stipulated below. We have before us transcripts of the proceedings held at the times King was granted its authority. The single question is whether or not the restriction imposed by the Public Service Commission on King’s authority prohibits King from transporting freight which originates at points other than Mobile or Montgomery, but which it picks up at these points. It is King’s position that the restriction does not prohibit it from hauling freight which originated at points other than Montgomery or Mobile and the destination of which is to or through Montgomery or Mobile. Baggett contends that the restriction on King’s authority prohibits it from hauling any freight between Montgomery and Mobile, regardless of the origin of the freight.

King was originally granted authority by the Public Service Commission in Certificate No. 550 to transport traffic moving between Mobile and Greenville, Alabama, over Highway 31, serving intermediate points. Subsequently, King sought an amendment to its certificate to allow it to transport freight between Greenville and Montgomery- This additional authority was granted, but it was restricted in the following language:

“RESTRICTION: The authority herein granted is specifically restricted so as to prohibit the holder of Alabama [437]*437Public Service Commission Certificate No. 550 from transporting freight originated by such holder at Montgomery, Alabama, destined to or through Mobile, Alabama, and transporting freight originated at Mobile, Alabama, destined to or through Montgomery, Alabama.”

The question before the Public Service Commission was the meaning of this language. It found that the restriction “was intended to prohibit King from transporting any traffic from Mobile to Montgomery or from Montgomery to Mobile regardless of whether the freight was interlined or not.”

We think the record of the proceedings held at the time King applied for additional authority supports the interpretation placed on this language by the Commission. In that proceeding several carriers protested the granting of authority between Mobile and Montgomery. In granting King authority from Greenville to Montgomery the Commission noted:

“However, with regard to the concern and interest of protestants relating to the probability of a new competitor specifically between Montgomery and Mobile, Alabama, the Commission is of the opinion that protestants should be afforded protection against such new competition. The grant of authority in this case will be restricted to provide such protection.”

It thereafter included the above restriction in the additional authority extended to King.

The Commission had another occasion to consider the meaning of the restriction when in July, 1968 King sought additional authority and at that time attempted to get the above restriction removed. The following excerpt from the proceedings held before the Commission at that time is extremely helpful in understanding what was intended by the restriction:

“EXAM. BLACK: * * * As I understand it, Mr. Richard, your client [King] now interprets this restriction as authorizing it to transport shipments from beyond Montgomery destined to Mobile and shipments from beyond Mobile destined to Montgomery? Your restriction, you say your client believes, is restricted or limited to shipments originating in Montgomery destined to Mobile and beyond, * * * or Mobile destined to Montgomery and beyond ?
“MR. HUDSON [King’s president]: That’s correct. It was based on the fact of the word ‘originate’. I believe the restriction verbatim says ‘any traffic originating in Montgomery and destined to or through Mobile or any traffic originating in Mobile destined to or through Montgomery.’ So on the basis of the traffic ‘originating’, it had been my assumption and’ opinion that it meant what I had interpreted it to be, meaning that traffic would actually originate in this town limited to carrier solicitation from Mobile to Montgomery and beyond but not limited to .
“EXAM. BLACK: Beyond Mobile to Montgomery.
“MR. HUDSON: From Birmingham to Mobile, if a carrier elected to interline it with him through way of Montgomery. The word ‘originating’ is the basis on which I had been using the application.
“MR. RICHARD: May it please the Commission, subject to Mr. Hudson calling me down as being out of order, I handled the original application for King-Motor Lines, as the Commission knows, and I would have to state quite frankly for the record that it was my understanding that the restriction was meant to keep King Motor Lines from handling traffic between the two points of Montgomery and Mobile — I don’t care where it came from — and I can’t take issue with Mr. Hudson’s . . . the way he reads this restriction, because the restric[438]*438tion says 'originated by such holder’, and I can understand his position, but it would be my best judgment and it would be my advice to Mr. Hudson and the Applicant’s chief counsel that the Applicant take the position in this matter that no traffic would be handled between these two points, whether it be interlined or whether it be originated at, and Mr. Hudson can take that advice or not. * * *
MR. RICHARD: * * * Mr. Hudson, did you hear my remarks a moment ago on the record relative to my advice to you and what my interpretation of what this means ?
“MR. HUDSON: I certainly did.
“MR. RICHARD: And are you
agreeable to taking the position that the restriction that was talked about earlier in this hearing would be applied to any authority that you might be granted as a result of this application and would prohibit King Motor Lines from originating or receiving interline traffic at either Mobile or Montgomery destined to the other point?
“MR. HUDSON: Ido.
"MR. RICHARD: You cannot transport traffic between Mobile and Montgomery no matter where the traffic comes from
“MR. HUDSON: Right.”

Recross by Mr. Jackson (representing one of the protesting carriers) :

“Q. So then, Mr. Hudson, you would not propose to transport any more shipments — King Motor Lines would not propose to transport any more shipments from Clanton, Alabama, to Mobile after receiving them interline from Montgomery ?
“A. No.
“Q. And the same would be true of any other points ?
“A. Yes.”

It is conceded by all parties to this appeal that the single question involved is whether or not the restriction quoted above prohibits King from transporting “interline” traffic from Mobile to Montgomery.

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Related

Murray v. Service Transport, Inc.
49 So. 2d 221 (Supreme Court of Alabama, 1950)
Alabama Public Service Commission v. AAA Motor Lines, Inc.
131 So. 2d 172 (Supreme Court of Alabama, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
268 So. 2d 481, 289 Ala. 435, 1972 Ala. LEXIS 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baggett-transportation-co-v-king-motor-lines-inc-ala-1972.