State ex rel. Transport Delivery Co. v. Public Service Commission

382 S.W.2d 823, 1964 Mo. App. LEXIS 564, 1964 WL 117746
CourtMissouri Court of Appeals
DecidedOctober 5, 1964
DocketNo. 24020
StatusPublished
Cited by1 cases

This text of 382 S.W.2d 823 (State ex rel. Transport Delivery Co. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Transport Delivery Co. v. Public Service Commission, 382 S.W.2d 823, 1964 Mo. App. LEXIS 564, 1964 WL 117746 (Mo. Ct. App. 1964).

Opinion

BROADDUS, Presiding Judge.

This case originated with a complaint filed by Appellants under Section 386.390 RSMo 1959, V.A.M.S., against Intervenor, W. M. Kersting, before Respondent, Public Service Commission. After hearing, • the Commission entered its Order dismissing said complaint. Thereafter, the case was appealed by Writ of Review to the Circuit Court of Cole County, which affirmed the Respondent’s Order. Thereafter, an appeal was taken to this court.

Appellants, Transport Delivery Company and John Groner Motor Carrier, Inc., are motor common carriers of petroleum and petroleum products, holding authority from Respondent, Public Service Commission to transport such commodities in bulk, in tank vehicles. Appellant, Transport Delivery Company, holds its authority from the Commission under Certificate of Public Convenience and Necessity No. T-9110. Appellant, John Groner Motor Carrier, Inc., holds its authority under Certificate No. T-11258.

The Certificate of Appellant, Transport Delivery Company, authorizes it to transport petroleum and petroleum products in bulk in tank vehicles from the terminal near Mexico, Missouri, known as the Sinclair Petroleum Products Terminal to all points and places within an area consisting of approximately the eastern three-fourths of the State of Missouri.

Appellant, John Groner Motor Carrier, Inc., is authorized under its Certificate to transport petroleum and petroleum products in bulk in tank vehicles from the terminal near Mexico, Missouri, described above, to all points in this State.

In addition both carriers hold authority from Respondent under their respective Certificates to transport petroleum and petroleum products in bulk in tank vehicles from various other terminals throughout the State of Missouri to points in the State, including in some instances the town of Aux-vasse, Missouri, and points and places within 15 miles thereof.

Appellant, John Groner Motor Carrier, Inc., has been in the business of transporting petroleum and petroleum products in bulk in tank vehicles under the regulation of Respondent since May 1942. Its authority from the Sinclair Petroleum Products Terminal near Mexico was granted by an Order of Respondent Commission, which was effective August 31, 1957.

Appellant, Transport Delivery Company, or its President, E. R. Minshall, Jr., has been engaged in the transportation of petroleum and petroleum products in bulk in tank vehicles since 1936. The Company’s authority from the Sinclair Petroleum Products Terminal near Mexico, was obtain in 1940 by E. R. Minshall, Jr., and was transferred to the Company by Respondent’s Order in Case No. 12,651, on January 6, 1956.

Intervenor, W. M. Kersting, is presently the holder of Certificate of Public Convenience and Necessity No. T-254, which: was originally granted by Respondent Commission, to one Wilbur Stanley Foster on October 21, 1932. Certificate No. T-254 was what is sometimes referred to as a “grandfather” clause of the Missouri Bus. and Truck Law, Section 5277, p. 315, Laws-of Mo. 1931. (Section 5733, R.S.Mo. 1939). The authority as stated in the Commission’s Order of October 21, 1932, was as follows:

“That Certificate of Convenience and Necessity No. T-254 be and the same is hereby issued to Wilbur Stanley Foster of Auxvasse, Missouri, for authority to operate as a freight-carrying motor carrier over an irregular route as follows : Regular — Auxvasse over U. S. State Highway No. 54 to Junction with U. S. State Highway No. '40; thence over U. S. State Highway No. 40 to St. Louis and return with authority to pick up and discharge property at Auxvasse and St. Louis and no intermediate points. Irregular — Trade territory contiguous to Auxvasse, and from that [825]*825territory to all points in Missouri and from all points in Missouri to that territory; subject to the limitations contained in the Missouri Bus and Truck Law of 1931 concerning the operation of a motor truck as a common carrier for hire over an irregular route.”

For a period of approximately two years prior to obtaining the Certificate mentioned above, Mr. Foster engaged in the transportation of freight by motor vehicle. During that time he was hauling cattle from Auxvasse, Missouri, to St. Louis, Missouri, and dry freight from St. Louis to Aux-vasse upon the return trip. He did not engage in the transportation of petroleum products in bulk and did not own or operate any equipment suitable to the performance of that service. Mr. Foster did haul some oil in barrels during the two year period prior to October 21, 1932.

By Order of Respondent, Commission, dated May 4, 1945, in Case No. T-9116 the authority held by Mr. Foster under Certificate No. T-254 was transferred to one J. T. Willis. During the time Mr. Willis held Certificate No. T-254, the authority was clarified by restatement thereof. On August 21, 1950, Respondent, Commission, •entered its Order restating the authority so that it read as follows:

“Between Auxvasse, Missouri, and points and places in Audrain, Boone and Callaway Counties, Missouri, except Mexico and Fulton, within 15 miles of Auxvasse, on the one hand, and all points in Missouri, on the other hand, subject to the limitations contained in Section 5723 R.S.Mo.1939, prohibiting irregular route operations between points on the regular route of an authorized motor carrier.”

Thereafter, Mr. Willis transferred the authority held under Certificate No. T-254 to Intervenor, W. M. Kersting. The transfer was facilitated by Respondent’s Order datcd December 11, 1959, in Case No. T-18,942.

Neither of Intervenor, Kersting’s predecessors, as holders of Certificate No. T-254, engaged in the transportation of petroleum products in bulk in tank vehicles, nor did they offer such service to the public. Both Mr. Foster and Mr. Willis engaged primarily in the transportation of livestock to St. Louis, Missouri and dry freight upon the return trip to Auxvasse, Missouri. To a limited extent Mr. Foster, the original holder of the Certificate and Mr. Willis, his successor, transported oil in barrels, but they never transported any gasoline or other petroleum products in bulk, and never owned or operated motor vehicle equipment suitable for the transportation of petroleum products in bulk.

On February 8, 1962, Intervenor, Ker-sting, filed a tariff with Respondent which was specifically applicable to the transportation of petroleum and petroleum products in bulk. Prior to the filing of such tariff by Mr. Kersting, no special commodity tariff applicable to the transportation of petroleum or petroleum products in bulk had been filed by Mr. Foster, Mr. Willis or Mr. Kersting. After filing the tariff applicable to petroleum and petroleum products in bulk, Intervenor, Kersting, acquired some tank vehicles to use in the transportation of those commodities, and began soliciting business. Specifically, Mr. Ker-sting has solicited business from the Sinclair Petroleum Products Terminal near Mexico.

On April 18, 1962, Appellants filed a Complaint before Respondent against In-tervenor, alleging in effect that Interven- or’s proposed operations in the transportation of petroleum and petroleum products in bulk were in excess of and beyond the scope of the authority held by Intervenor under Certificate No. T-254.

On April 19, 1962, Respondent entered its Order requiring Intervenor, Kersting, to satisfy or answer the complaint. Inter-venor filed an “Answer and Motion to Dismiss” on April 27, 1962.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
382 S.W.2d 823, 1964 Mo. App. LEXIS 564, 1964 WL 117746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-transport-delivery-co-v-public-service-commission-moctapp-1964.