Hollingsworth v. Skaggs Transfer, Inc.

415 S.W.2d 861, 1967 Ky. LEXIS 346
CourtCourt of Appeals of Kentucky
DecidedJune 9, 1967
StatusPublished

This text of 415 S.W.2d 861 (Hollingsworth v. Skaggs Transfer, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollingsworth v. Skaggs Transfer, Inc., 415 S.W.2d 861, 1967 Ky. LEXIS 346 (Ky. Ct. App. 1967).

Opinions

EDWARD P. HILL, Judge.

This appeal is from a judgment upholding an order of the Commissioner of Motor Transportation prohibiting appellant Truman Hollingsworth, doing business in the name of Tompkinsville Transfer Company, from serving the town of Glasgow, Kentucky, from Louisville, Kentucky, in the motor freight business.

Appellee Skaggs Transfer, a corporation, initiated the controversy by filing with the Department of Motor Transportation a complaint against appellant seeking to prohibit appellant from serving the town of Glasgow from Louisville.

We shall adopt a large portion of the well-reasoned and able order of the Department of Motor Transportation.

On June 14, 1937, the (then) Division of Motor Transportation granted to Hagan, Landrum, Cook and Company of Tomp-kinsville, Kentucky, the certificate referred to herein as Common Carrier Certificate No. 358, which is the subject of this proceeding. This certificate of public convenience and necessity granted to Hagan and others authority “to operate a common carrier motor freight line from LOUISVILLE, KENTUCKY, TO THE KENTUCKY-TENNESSEE 'STATE LINE VIA GLASGOW AND TOMPKINS-VILLE SERVING ALL POINTS SOUTH OF GLASGOW, KENTUCKY, TO THE KENTUCKY-TENNESSEE STATE LINE VIA TOMPKINSVILLE AND SERVING ALL POINTS NORTH OF THE KENTUCKY-TENNESSEE STATE LINE TO GLASGOW VIA TOMPKINSVILLE; AND RESTRICTED FROM HANDLING ANY TRAFFIC FROM GLASGOW TO LOUISVILLE AND INTERMEDIATE POINTS.”

Complicating our interpretation of the above authority is the fact that in the same order, in the paragraph immediately following, another authority was granted which is not involved in this litigation except as it may shed light upon the interpretation of Certificate 358. This other authority granted to Hollingsworth provided that:

“[A] certificate of public convenience and necessity to operate a motor freight line between LOUISVILLE AND THE KENTUCKY-TENNESSEE STATE LINE VIA GLASGOW, KENTUCKY, AND TOMPKINSVILLE, KENTUCKY, SERVING ALL POINTS FROM GLASGOW SOUTH TO THE KENTUCKY-TENNESSEE STATE LINE AND ALL POINTS NORTH FROM THE KENTUCKY-TENNESSEE LINE TO AND INCLUDING GLASGOW, KENTUCKY, VIA TOMPKINSVILLE, KENTUCKY BUT RESTRICTED FROM SERVING ANY POINTS BETWEEN LOUISVILLE AND GLASGOW AND INCLUDING GLASGOW FROM LOUISVILLE.”

Counsel for appellant argues that the specific restriction contained in the latter authority was worded “but restricted from serving any points between Louisville and Glasgow and including Glasgow from Louisville,” while the specific restriction contained in Certificate 358 was worded “and restricted from handling any traffic from Glasgow to Louisville and intermediate points.” Counsel for appellant states :

“It stands to reason that if the director was attempting to impose the same restriction on Hagan, Landrum, Cook and Company as was imposed on Gid Hol-lingsworth in this order, that identical language or similar language should have been used. This the director did not do. One application was restricted 'from' Glasgow 'to' Louisville; the other 'between’ Louisville and Glasgow and including Glasgow. This language is so [863]*863dissimilar insofar as its restrictive nature is concerned that no one could seriously argue that the director was attempting to impose the same type restriction on both applicants.”

In considering this argument, we must first return to the first portion of the authority covering the appellant’s southbound operation, which the appellant would have us read “serving all points south from Glasgow, Kentucky, to the Kentucky state line,” thereby including Glasgow in its southbound authority. However, in construing a point to point authority, the interpreter must have a point of beginning and the phrase, “all points south” standing alone gives us no point of beginning since the term “south” is nothing more than a direction. We must, therefore, extend this phrase to read “serving all points south from Glasgow, Kentucky,” arriving at the first service point south of Glasgow as the point at which the appellant may begin to render service out of Louisville, Kentucky.

It should be remembered that Director Moore’s order was issued in the year 1937. Specific meanings for particular words and the use of tried and proven clauses to grant or restrict motor carrier authority had not been developed to any degree even approaching the present level. It is our opinion that it was the intention of this order to grant the same authority to each applicant. The latter was more carefully restricted because the wording preceding the restriction might be given a broader interpretation than was intended had such a restriction not been employed. Such a restriction was not necessary in Certificate 358 because the service point description effectively imposed the same restriction.

There are other reasons for this conclusion. We have available to assist us the original application for Certificate 358 wherein the applicant stated:

“We accept restrictions between Louisville, Kentucky and Glasgow, Kentucky, but ask to serve intermediate points between Glasgow and TompkinsviUe.” (Emphasis added)

The transcript of the hearing on the application of Hagan, Landrum, Cook and Company consisted of the testimony of one of the applicant’s witnesses questioned by Director Moore. This witness stated:

“We want to operate over Highway 63 to Glasgow. We want to serve all points between Glasgow and TompkinsviUe and go on to Louisville; but we don’t want to serve any points between Glasgow and Louisville and then back from Louisville via Glasgow; and do not want to serve any between Louisville and Glasgow or in Glasgow, but want pick-up privileges from Glasgow to TompkinsviUe and all points between Glasgow and Tompkins-ville.”

Director Moore in questioning this witness asked the direct question, “Do you ask to serve Glasgow out of Louisville?” to which the witness responded, “No; just out of Glasgow.” On the basis of this and other testimony of a restrictive nature, Whitney Transfer Company, predecessor of appellee’s authority, withdrew its protest.

The testimony introduced on behalf of Gid Hollingsworth for the authority here-inabove compared to Certificate 358 contains this exchange between Director Moore and Gid Hollingsworth:

“Q. Mr. Hollingsworth, go ahead and state your application, where you desired to operate and so on.
“A. Just exactly as Hagan, Landrum, Cook and Company except I have in my application to the Tennessee state line, and they don’t have. I think you will find that.
“Q. You wish to operate from Louisville to Glasgow?
“A. That’s right.
[864]*864“Q. But be exempt from handling any freight between Louisville and Glasgow either way?
“A. That’s right.”

From the foregoing it seems clear that neither applicant sought authority to serve either Glasgow from Louisville or Louisville from Glasgow.

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415 S.W.2d 861, 1967 Ky. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-skaggs-transfer-inc-kyctapp-1967.