Virginia Stage Lines, Inc. v. Commonwealth

45 S.E.2d 318, 186 Va. 1066, 1947 Va. LEXIS 223
CourtSupreme Court of Virginia
DecidedNovember 24, 1947
DocketRecord No. 3186
StatusPublished
Cited by13 cases

This text of 45 S.E.2d 318 (Virginia Stage Lines, Inc. v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia Stage Lines, Inc. v. Commonwealth, 45 S.E.2d 318, 186 Va. 1066, 1947 Va. LEXIS 223 (Va. 1947).

Opinion

Spratley, J.,

delivered the opinion of the court.

Virginia Stage Lines, Inc., a Virginia corporation, is the holder of numerous certificates of public convenience and necessity issued by the State Corporation Commission of Virginia, authorizing the transportation of passengers as a common carrier over various routes specified in the said certificates, particularly over U. S. Highway No. 29 from the Virginia-District of Columbia boundary line to Charlottesville; thence over Virginia Highway No. 613 from Charlottesville to Scottsville; thence via Virginia Highway No. 20 and U. S. Highways No. 15 and No. 460 to Farm-ville; and also via Virginia Highway No. 49 from Clarksville to Virgilina, a point on the Virginia-North Carolina boundary fine.

On September 8, 1945, Virginia Stage Lines, Inc., filed with the State Corporation Commission its application under chapter 129, Acts of Assembly 1936, Virginia Code, 1942 (Michie), section 4097y(6), sometimes referred to as the Virginia Motor Vehicle Carrier Act of 1936, as amended, for a certificate of public convenience and necessity as a common carrier on the following route:

“From Farmville, Virginia, to Clarksville, Virginia, over U. S. Highway 15, serving all intermediate points and return over same route. No passengers transported whose origin is Keysville and destination Barnes Junction and/or intermediate points between such points or the reverse. Passengers will be transported whose origin is Keysville or Barnes Junction or intermediate points when destined to points beyond Keysville or Barnes Junction in either direction or the reverse.”

[1069]*1069All preliminary steps necessary to mature the application were properly taken and the case heard on October 3, 1945.

The Atlantic Greyhound Corporation appeared at the hearing and interposed the following objections to the granting of the said application:

“1. The operation proposed by the Applicant cannot be justified on grounds of public convenience and necessity.
“2. The public convenience and necessity over the route which the Applicant proposes to operate between Keysville and Barnes Junction is now being adequately served by the present certificate holder, Atlantic Greyhound Corporation.
“3. The granting of the certificate applied for would constitute an act of grave injustice to Atlantic Greyhound Corporation and would be in direct contravention of subsection (c) of Section 6 of Chapter 129 of the Acts of the General Assembly, 1936.”

The Atlantic Greyhound Corporation is a Virginia corporation, and the holder of numerous certificates issued by the State Corporation Commission of Virginia, authorizing the transportation of passengers as a common carrier over various routes specified in the said certificates, particularly over U. S. Highway No. 360 from Richmond to Danville, by way of Burkeville, Keysville, Barnes Junction and South Boston, and via U. S. Highway No. 58 from Danville to Norfolk, by way of Clarksville, South Hill, Emporia and Suffolk.

Virginia Stage Lines, Inc., will hereinafter be referred to as Stage Lines; Atlantic Greyhound Corporation as Greyhound; and the State Corporation Commission as the Commission.

The following rough sketch will illustrate the location of the routes and highways involved:

[1070]

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45 S.E.2d 318, 186 Va. 1066, 1947 Va. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-stage-lines-inc-v-commonwealth-va-1947.