Public Utilities Commission v. Congdon

18 A.2d 312, 137 Me. 216, 1941 Me. LEXIS 7
CourtSupreme Judicial Court of Maine
DecidedFebruary 11, 1941
StatusPublished
Cited by4 cases

This text of 18 A.2d 312 (Public Utilities Commission v. Congdon) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Utilities Commission v. Congdon, 18 A.2d 312, 137 Me. 216, 1941 Me. LEXIS 7 (Me. 1941).

Opinion

Sturgis, J.

The Public Utilities Commission of Maine having suspended the certificate which it had issued to E. Gilbert Congdon of Portland, Maine, authorizing him to operate motor vehicles on the public ways as a common carrier of freight or merchandise for hire, exceptions alleged, having been duly allowed and certified, are before the Law Court for determination.

Under Sections 2-9 inclusive, of Chapter 259 of the Public Laws of 1933 as amended, known as the Motor Carrier Act, the operation of motor vehicles upon any public way in the business of transporting freight and merchandise for hire as a common carrier over regular routes between points within the state, without a certificate from the Public Utilities Commission declaring that public necessity and convenience require and permit such operation, is prohibited. All persons, firms or corporations operating or causing the operation of motor vehicles transporting freight or merchandise for hire upon the public ways within the state, other than common carriers over regular routes and subject to an exception not here of moment, are declared to be “Contract Carriers” and prohibited from operating or causing to be operated such motor vehicles without having obtained a permit from the Public Utilities Commission in the manner and subject to the limitations there prescribed. The Public Utilities Commission is authorized to make necessary rules and regulations and to suspend the certificate of a common carrier or the permit of a contract carrier for any violation thereof or of the Act. In Section 10 (A) of the Motor Carrier Act as amended by P. L. 1935, Chap. 146, the operation of motor vehicles for the local transportation of property for hire within limits there defined and subject to certain prohibitions is exempted from the foregoing provisions of the statute.

[218]*218The agreed statement of facts which accompanies the bill of exceptions shows that the respondent, F. Gilbert Congdon, has for many years been engaged in the trucking business in Portland and has maintained there a regular and established place of business. Since the enactment of the Motor Carrier Act, he has not only operated motor vehicles in the business of transporting freight and merchandise for hire as a common carrier over regular routes between points within the state under a common carrier certificate, but has also operated local pick-up and delivery trucks for the transportation of property for hire in the City of Portland and within fifteen miles thereof, for which he holds no certificate or permit. He has filed a schedule of rates applicable to his long-haul business under his common carrier certificate by concurring in the “Commercial Motor Vehicle Association of Maine, Class and Commodity Rate Tariff MPUC No. 1,” in effect by authority of the Public Utilities Commission, and by filing in his own behalf an additional commodity tariff.

During .the month of January, 1940, F. Gilbert Congdon transported for hire sundry shipments of merchandise from Augusta, Camden and Hiram to Westbrook, a city adjoining Portland and within fifteen miles therefrom but not a specified pick-up or delivery point in any scheduled routes over which he was authorized to operate motor vehicles under his common carrier certificate or a point of service included in the rate tariffs in which he concurred and filed. In handling these shipments, he hauled the merchandise to Portland from the points of origin in one or more of his vehicles which had been certified by the Public Utilities Commission, transferred it there to one of his local pick-up and delivery trucks and completed the transportation by making delivery to the consignee at point of destination. Through waybills from point of origin to destination were delivered to the shippers. The rates charged were, in each instance, in accordance with the applicable minimum established rates. On account of the transportation of these shipments, on April 22, 1940, the respondent’s common carrier certificate No. 90, then in force, was suspended for thirty days.

The Public Utilities Commission, as we understand its decision and the reasons therefor as therein stated and argued on the brief, suspended F. Gilbert Congdon’s common carrier certificate be[219]*219cause, under its interpretation of the Motor Carrier Act, in transporting the several shipments here involved from Portland to West-brook, the operation of the motor vehicles which he used was not within the exemption of Section 10 (A) of the Act but within its prohibitions, and without a certificate or permit therefor, the operation was a violation of the law.

Section 10 (A) of the Motor Carrier Act as amended by P. L. 1935, Chap. 146, reads as follows:

“There shall be exempted from the provisions of the foregoing sections . . . the operation over the highways of motor vehicles while being used within the limits of a single city or town in which the vehicle is registered by the secretary of state or in which the owner maintains a regular and established place of business, or within 15 miles, by highway in this state, of the point in such single city or town where the property is received or delivered, but no person, firm or corporation may operate, or cause to be operated, any motor vehicle for the transportation of property for hire beyond such limits without a certificate of public convenience and necessity or a permit to operate as a contract carrier; nor may any such person, firm or corporation participate in the transportation of property originating or terminating beyond said limits without holding such a certificate or permit unless such property is delivered to or received from a carrier over the highways operating under a certificate or permit issued by the commission or a steam or electric railway, railway express or water common carrier;....”

Other exemptions there enumerated are not here of concern.

The Public Utilities Commission advance as the primary reason for their decision that the respondent’s local trucks, while delivering the merchandise in Westbrook which he had brought to Portland from Augusta, Camden and Hiram in his long-haul certified trucks, were not being used within fifteen miles by highway of the point in the state where the property was “received or delivered,” nor did he “participate” in the transportation of property originating or terminating beyond the limits within which he was authorized to operate as an exempt carrier which was “delivered to or received from” a carrier over the highways operating under such a certificate or [220]*220permit issued by the commission. The precise point made is that the words “received or delivered,” and “delivered to or receiived from,” and “participate,” as used in this statute, have reference only to a receipt from and a delivery to or a participation with another person, firm or corporation and do not apply to a mere transfer of property already in transportation from one truck to another owned by the same carrier.

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Related

A. E. Borden Co. v. Wurm
222 A.2d 150 (Supreme Judicial Court of Maine, 1966)
Merrill v. Maine Public Utilities Commission
141 A.2d 434 (Supreme Judicial Court of Maine, 1958)
Williams Electric Cooperative, Inc. v. Montana-Dakota Utilities Co.
79 N.W.2d 508 (North Dakota Supreme Court, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
18 A.2d 312, 137 Me. 216, 1941 Me. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-utilities-commission-v-congdon-me-1941.