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Gongaware v. Public Service Commission

Gongaware, Appellant, v. Public Service Commission

Gongaware v. Pub. Serv. Comm'n, 83 Pa. Super. 269 (1924)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
May 7, 1924
Docket
Nos. , 97
Judges
Hendeeson, Henderson, Trexler, Linn, Gawthrop
Citations
83 Pa. Super. 2691924 Pa. Super. LEXIS 118
Disposition
Appeal dismissed.
Syllabus
Public service company law — Public Service Commission — Certificate of public convenience — Motor busses — Granting of certificate — Discretion of Public Service Commission. An order of the Public Service Commission granting a certificate of public convenience to operate a motor bus on call and demand, will be affirmed, where the record fails to establish that the action of the commission was unreasonable and not in conformity with law. The propriety of granting certificates of public convenience to operate motor busses within the confines of a municipality is an administrative question, peculiarly within the jurisdiction of the Public Service Commission.
Summary
Appeal, No. 97, April T., 1924, by protestant, from order of the Public Service Commission, Application Docket No. 7758, 1923, in re Application of C. John Henry, for the approval of the exercise of the right to operate motor vehicles as a common carrier." Application by C. John Henry for a certificate of public convenience to operate motor vehicles on call and demand. Prom the record it appeared that the application was made by C. John Henry for a certificate of public convenience to operate motor vehicles on call and demand. A protest against the granting of a certificate was made by the plaintiff on the ground that the applicant was not a proper person to operate as a common carrier, and that there was no need for service additional to that given by him. The commission granted the certificate. Protestant appealed. Error assigned was the order of the commission.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hendeeson

Opinion by Hendeeson, J., The appellant complains of the action of the Public Service Commission in granting a certificate to the intervening appellee approving of the exercise by the latter of the right to operate motor vehicles as a common carrier for the transportation of persons upon call and demand in the Borough of Adamsburg, Westmoreland County.

No question of law is presented, and an examination of the case satisfies us that there is no foundation upon which a conclusion could be based that the order appealed from is unreasonable. The appellant is engaged in a similar service in a community at some distance from the location of the intervening appellee. The propriety of permitting the service in the borough referred to is peculiarly one within the discretion of the Public Service Commission.

The appeal is therefore dismissed at the cost of the appellant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1926: 11930: 11937: 11948: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Furstenberg v. Omaha & Council Bluffs Street Railway Co.272 N.W. 756 (Neb. 1937)
  2. Aizen v. Pennsylvania Public Utility Commission60 A.2d 443 (Pa. Super. Ct. 1948)
  3. Hoffman v. Public Service Commission99 Pa. Super. 417 (1930)
  4. Andrews v. Public Service Commission88 Pa. Super. 306 (1926)

Most recent

  1. Aizen v. Pennsylvania Public Utility Commission60 A.2d 443 (Pa. Super. Ct. 1948)
  2. Furstenberg v. Omaha & Council Bluffs Street Railway Co.272 N.W. 756 (Neb. 1937)
  3. Hoffman v. Public Service Commission99 Pa. Super. 417 (1930)
  4. Andrews v. Public Service Commission88 Pa. Super. 306 (1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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