Kilday v. Victoria

Supreme Court of Rhode Island

Kilday v. Victoria

304 A.2d 43, 111 R.I. 488, 1973 R.I. LEXIS 1233

CourtSupreme Court of Rhode Island

DecidedMay 11, 1973

StatusPublished

Cited by2 cases

This text of 304 A.2d 43 (Kilday v. Victoria) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kilday v. Victoria, 304 A.2d 43, 111 R.I. 488, 1973 R.I. LEXIS 1233 (R.I. 1973).

Pincite

Opinion

Per Curiam.

This is a petition for certiorari. We have issued the writ so that we can review the Public Utilities Commission’s award of a certificate of public convenience and necessity which permits Antonio Victoria to operate a towing service as a common carrier within the town of East [489]*489Greenwich. The petitioners are holders of certificates which allow them to tow motor vehicles between various points in East Greenwich. Our scope of review is fixed by G. L. 1956 (1969 Eeenactment) §39-5-3. We cannot weigh evidence. All we can do is determine whether the commission was presented with legal evidence that there was a need for Victoria’s towing service. Yellow Cab Co. v. Freeman, 109 R. I. 164, 282 A.2d 595 (1971); Murray v. LaTulippe’s Service Station, Inc., 108 R. I. 548, 277 A.2d 301 (1971).

Frederic A. Charleson, for petitioners. Matthew F. Callaghan, Jr., Cameron P. Quinn, for respondents.

Victoria operates a service station in East Greenwich. The proposed towing service would be available on a seven-days-a-week, 24-hours-a-day basis. He testified that because he lacked the necessary certificate, he had to refuse calls for towing service; that he referred the potential customers to other certificated carriers; and that some potential customers later told him that either they could not contact the carrier or the carrier would not perform the service. He also stated that the East Greenwich Police Department had sought his services. While most of petitioners can operate in East Greenwich, none of petitioners are headquartered in the town.

The requisite need has been shown. The commission’s award is neither unlawful nor arbitrary.

The petition for certiorari is denied and dismissed and the writ heretofore issued is quashed.

Mr. Justice Joslin did not participate.

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Per Curiam.

This is a petition for certiorari. We have issued the writ so that we can review the Public Utilities Commission’s award of a certificate of public convenience and necessity which permits Antonio Victoria to operate a towing service as a common carrier within the town of East [489]*489Greenwich. The petitioners are holders of certificates which allow them to tow motor vehicles between various points in East Greenwich. Our scope of review is fixed by G. L. 1956 (1969 Eeenactment) §39-5-3. We cannot weigh evidence. All we can do is determine whether the commission was presented with legal evidence that there was a need for Victoria’s towing service. Yellow Cab Co. v. Freeman, 109 R. I. 164, 282 A.2d 595 (1971); Murray v. LaTulippe’s Service Station, Inc., 108 R. I. 548, 277 A.2d 301 (1971).

Frederic A. Charleson, for petitioners. Matthew F. Callaghan, Jr., Cameron P. Quinn, for respondents.

Victoria operates a service station in East Greenwich. The proposed towing service would be available on a seven-days-a-week, 24-hours-a-day basis. He testified that because he lacked the necessary certificate, he had to refuse calls for towing service; that he referred the potential customers to other certificated carriers; and that some potential customers later told him that either they could not contact the carrier or the carrier would not perform the service. He also stated that the East Greenwich Police Department had sought his services. While most of petitioners can operate in East Greenwich, none of petitioners are headquartered in the town.

The requisite need has been shown. The commission’s award is neither unlawful nor arbitrary.

The petition for certiorari is denied and dismissed and the writ heretofore issued is quashed.

Mr. Justice Joslin did not participate.

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Bluebook (online)

304 A.2d 43, 111 R.I. 488, 1973 R.I. LEXIS 1233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilday-v-victoria-ri-1973.

Opinion

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