Modern Transfer Co. v. Pennsylvania Public Utility Commission

139 Pa. Super. 197
CourtSuperior Court of Pennsylvania
DecidedJanuary 30, 1940
DocketAppeals, Nos. 127 and 128
StatusPublished
Cited by22 cases

This text of 139 Pa. Super. 197 (Modern Transfer Co. v. Pennsylvania Public Utility Commission) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Modern Transfer Co. v. Pennsylvania Public Utility Commission, 139 Pa. Super. 197 (Pa. Ct. App. 1940).

Opinion

Opinion by Parker, J.,

Modern Transfer Company, Ine., by one appeal, and Reading Company and Reading Transportation Company, by another appeal, challenge the validity of an order of the Public Utility Commission “consolidating and coordinating” previous existing certificates of public convenience authorizing the York Motor Express Company (hereafter referred to as York Motor) to transport freight by truck on certain public highways. As each appeal involves the same order and the same facts, they will be considered in one opinion. The order of the commission is attacked on the grounds that the evidence is not sufficient to support the order and that it is arbitrary, capricious, unreasonable, and contrary to law. The order of the commission, with some modification, must be sustained.

Prior to July 15, 1937, York Motor held a number of certificates authorizing it to carry intrastate freight by truck on highways in the southeastern section of Pennsylvania, and it was also operating as a carrier of interstate freight. The various intrastate routes radiated from York, Pennsylvania, where it maintained its headquarters. The certificates granted, with some limitations, privileges which are described as “Class A” and “Class D” rights as those terms are used in General Order No. 29 of the Public Utility Commission. A certificate for “Class A” rights permits “the certificate holder to transport between any two points on the route described, and excludes transportation between points [200]*200within a borough or city,” while a certificate for “Class D” rights permits “the carrier to transport only between those points specified in the certificate.”

The “Class A” certificates of York Motor embraced routes starting in York and Adams County south of York and extending through that city in a northerly direction by different but definite courses to York Haven and to Harrisburg, and from York in an easterly direction through Columbia, Lancaster, and Coatesville to Philadelphia by Highway Route No. 30, the certificate being made subject to certain restrictions as to transporting freight between local points, which restrictions are not at present of importance.

The “Class D” certificates covered routes extending from Littlestown, Adams County, to York; from York to Harrisburg; from York to Lancaster; from Harrisburg by Route No. 422 to Lebanon and Reading, and thence by Route No. 222 to Allentown, Bethlehem, Easton, and •.certain smaller places in that vicinity; from Lancaster by Route No. 222 to Ephrata, Reading, Kutztown, Allentown, Bethlehem, Easton, and smaller places in that vicinity; and several routes between Lancaster and Lebanon.

These orders of the commission authorized the carrying of freight from points in Adams and York Counties, to points on the routes designated'in such “Class D” certificates and in the opposite direction. This description of the rights held by York Motor is not intended to describe its activities precisely or in detail or in all of its ramifications, but only to show the general situation prior to the order appealed from.

In July, 1937, York Motor applied to the commission “to coordinate and consolidate” all its routes “so as to permit the transportation of freight and merchandise from any and all points on one route to any and all points on any other route and to serve all points on the same route.” A number of competing utilities were permitted to intervene as objectors. The commission, [201]*201subject to certain definitions and limitations, granted, after hearings, the prayer of York Motor, whereupon an appeal was taken to this court. Before argument the record was returned to the commission at its request when, after hearing, the commission reaffirmed its former order but further defined what it meant by “coordination and consolidation.” From the latter order these appeals were taken and various interested carriers have intervened as appellants and appellee.

The net effect of the new order was not to extend the area of operations but to substantially enlarge York Motor’s rights in respect to routes over which it was then operating between points in Adams and York Counties and points north of Harrisburg, Lancaster, and Philadelphia where it formerly possessed “D” rights, and to grant additional rights between the larger centers which were specifically named in the former certificates as points to and from which it was permitted to operate. The appellants contend in general that the evidence was not sufficient to form a proper basis for the grant of any additional rights and, specifically, that that portion of the order which authorized York Motor “to transport property from any and all points on one route to any and all points on any other route hereinbefore set forth” was arbitrary, capricious, and unreasonable insofar as it granted the right to transport freight between Philadelphia and Allentown, Bethlehem, Easton, and places in the vicinity of the last named cities and the right to transport freight between Lancaster and Harrisburg via York or Lebanon.

The object of the commission in making the order which it did on July 5,1938, was to coordinate and consolidate rights which that utility formerly possessed. We are of the opinion that, in respect of the main objects accomplished and rights granted, the evidence was sufficient to support the order. By its order as limited and explained by the supplemental order, York Motor was not given unlimited rights to transport freight be[202]*202tween all points on all routes over which it was formerly operating, for the commission substantially circumscribed and limited such rights. While we are in accord with the general purpose of the commission we think that there should have been a further limitation.

That there is a reasonable demand for truck service in the field of York Motor’s operations is clear. That company was operating a large fleet of motor cars and a number of terminals in the southeastern part of Pennsylvania, it being one of the largest truckers in the Commonwealth, and it enjoyed, according to the testimony, an enviable reputation for efficient service. A large number of utilities are operating in the same territory. These facts alone show the need for some service. It follows that the real problem presented to the commission was how the right to serve the public should be distributed among the various available carriers. “We have frequently stated that the extent to which there shall be competition in the intrastate transportation of freight and merchandise by common carrier is largely a matter of policy which the legislature committed to the Public Service Commission, and has now committed to the Public Utility Commission, and that the question is, for the most part, an administrative one which must be left to the sound judgment and discretion of the commission, and that its decision, if based on competent and relevant evidence, will not be disturbed by this court unless it is so capricious, arbitrary, or unreasonable as to amount to error of law or a violation of constitutional rights”: John Benkart & Sons Co. v. P. U. C., 137 Pa. Superior Ct. 13, 17, 7 A. 2d 588. “The basis of the action of the commission is the interest of the public as distinguished from the interest of the corporation or individual making the application”: Perry Co. Tel. & Tel. Co. v. P. S. C., 265 Pa. 274, 281, 108 A. 659; to which we may add, or the interest of competing carriers. “The question is not whether the granting of the application will be for the convenience and accommoda[203]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Seaboard Tank Lines, Inc. v. Pennsylvania Public Utility Commission
502 A.2d 762 (Commonwealth Court of Pennsylvania, 1985)
Modad Taxicab Co. v. Pennsylvania Public Utility Commission
415 A.2d 126 (Commonwealth Court of Pennsylvania, 1980)
Carl R. Bieber, Inc. v. Public Utility Commission
281 A.2d 351 (Commonwealth Court of Pennsylvania, 1971)
Reeder v. Pennsylvania Public Utility Commission
162 A.2d 231 (Superior Court of Pennsylvania, 1960)
Pittston Gas Co. v. Pennsylvania Public Utility Commission
190 Pa. Super. 365 (Superior Court of Pennsylvania, 1959)
Daily Motor Express, Inc. v. Pennsylvania Public Utility Commission
183 Pa. Super. 120 (Superior Court of Pennsylvania, 1957)
Noerr Motor Freight Inc. v. Pennsylvania Public Utility Commission
124 A.2d 393 (Superior Court of Pennsylvania, 1956)
Lancaster Transportation Co. v. Pennsylvania Public Utility Commission
124 A.2d 380 (Superior Court of Pennsylvania, 1956)
Motor Freight Express v. Pennsylvania Public Utility Commission
119 A.2d 661 (Superior Court of Pennsylvania, 1956)
Modern Transfer Co. v. Pennsylvania Public Utility Commission
115 A.2d 887 (Superior Court of Pennsylvania, 1955)
Ferrari v. Pennsylvania Public Utility Commission
60 A.2d 602 (Superior Court of Pennsylvania, 1948)
Hostetter v. Pennsylvania Public Utility Commission
49 A.2d 862 (Superior Court of Pennsylvania, 1946)
Shenandoah Suburban Bus Lines, Inc., Case
46 A.2d 26 (Superior Court of Pennsylvania, 1945)
Pennsylvania Railroad v. Pennsylvania Public Utility Commission
35 A.2d 588 (Superior Court of Pennsylvania, 1943)
Kulp v. Pennsylvania Public Utility Commission
33 A.2d 724 (Superior Court of Pennsylvania, 1943)
Alko Express Lines v. Pennsylvania Public Utility Commission
30 A.2d 440 (Superior Court of Pennsylvania, 1942)
Dunlap v. Dixie Greyhound Lines, Inc.
160 S.W.2d 413 (Tennessee Supreme Court, 1942)
Hall's Motor Transit Co. v. Pennsylvania Public Utility Commission
27 A.2d 428 (Superior Court of Pennsylvania, 1942)
Horn's Motor Express, Inc. v. Pennsylvania Public Utility Commission
26 A.2d 346 (Superior Court of Pennsylvania, 1941)
Cole v. Pennsylvania Public Utility Commission
22 A.2d 121 (Superior Court of Pennsylvania, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
139 Pa. Super. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/modern-transfer-co-v-pennsylvania-public-utility-commission-pasuperct-1940.