200 Pa. Super. 490 | Pa. Super. Ct. | 1963
Opinion by
These appeals by two protestants are from the final order of the Pennsylvania Public Utility Commission,
On March 7, 1962, this Court granted the commission’s petition for remission of the record for entry of a long form order. We also granted the commission’s request, made at the instance of applicant’s counsel, to amend the short form order so as to exclude therefrom grant of group and party rights from the Township of Fawn and the Borough of Brackenridge so that such rights covered only group and party service from the Township of Harrison, Allegheny County, to points in Pennsylvania.
The scope of our review on appeal is limited. We may not disturb the order of the commission except for error of law, lack of evidence to support the finding, determination, or order of the commission, or a violation of constitutional rights. Highway Express Lines, Inc., v. Pennsylvania Public Utility Commission, 195 Pa. Superior Ct. 92, 97, 169 A. 2d 798. Since no error
In addition to his own testimony, applicant presented four witnesses who testified as to the need for the proposed group and party service. Charles Patterson, a priest at Blessed Sacrament Church, Natrona Heights, Harrison Township, stated that applicant had transported parish students in school buses for the past seven years and the service had been excellent. This witness needed charter service for adult groups, such as the Holy Name Society, Boosters’ Club, Ladies’ Guild, and Young People’s Club. In the past applicant had to refuse such service because of his lack of rights. Protestant, C. R. & C. Transit, did not obtain group and party rights until June 6, 1961, the day before Father Patterson testified. This witness was not aware that New Kensington City Lines, Inc., had rights in Harrison Township.
Fred Kowola, chairman of Scout Troop 192 in Natrona, Harrison Township, sought bus transportation for the group to various camp sites. He prefers applicant’s service over that of other carriers since. Roenigk’s drivers knew the children at the school and were better able to cope with them. Mrs. Ernest Hanu
Protestants called no public- witnesses but relied wholly upon the testimony of their own officials. From this testimony it appeared that New Kensington City Lines, Inc., derived less than one-half of one per cent of its gross revenue,- and only three per cent of its charter revenue from charter service in Harrison Township. The witness for the other protestant, O. R. & G. Transit, failed to disclose sufficient financial data to enable the commission to ascertain the extent of its business in Harrison Township, and to determine the competitive effect of granting the Roenigk application. On this point the commission said: “In the small period of its operations between June, 1961 and September, 1961, C. R. & C. Transit conducted 15 charter trips from Harrison Township. This is twice the number conducted by New Kensington in less than one-half the
Where., the. testimony is; admissible,- relevant, and competent, its weight is for the commission as the fact-finding body. Pennsylvania, Railroad Company v. Pennsylvania Public Utility Commission, 185 Pa. Superior Ct. 115, 126, 138 A. 2d 279 ; Reeder v. Pennsylvania Public Utility Commission, 192 Pa. Superior Ct. 298, 302, 162 A. 2d 231.
•The commission properly considered the-question of the need for the proposed' service together with the-related factor of the adequacy of existing service. Pennsylvania Railroad Company v. Pennsylvania Public Utility Commission, 199 Pa. Superior Ct. 158, 166, 184 A: 2d 111; D. F. Bast, Inc., v. Pennsylvania Public Utility Commission, supra, 397 Pa. 246, 250, 154 A. 2d 505. The commission took into account the question of the adequacy of existing group and party servicé. It- appears that most of protestants* business is in areas outside of Harrison Township.
..The commission also considered the effect.of competition, and concluded that the .rights sought by apr. plicant would not be unduly prejudicial to protestants,. but would-be in the public interest. The propriety of permitting competition in a particular area is largely an administrative question to be resolved in the .discretion of the commission. Leaman Transportation Company v. Pennsylvania Public Utility Commission, 175 Pa. Superior Ct. 553, 106 A. 2d 901; Reeder v. Pennsylvania Public Utility Commission, supra, 192 Pa. Superior Ct. 298, 303, 162 A. 2d 231.
The order of the commission is affirmed.
The appeals were originally filed from the short form order of January 22, 1962.