Opinion
No. 39360
Decided December 8, 1965.
Motor transportation companies — Certificate of public convenience and necessity — Restricted to property "usually transported in dump trucks" — Use of "pressurized trailer equipment" not authorized.
APPEAL from the Public Utilities Commission.
The appellant, Harold W. Stewart, Inc., is operating under common-carrier certificate of public convenience and necessity No. 6127-I, which authorizes the transportation of property, restricted to "the transportation of sand, gravel, crushed stone, cement, cinders, dirt, concrete and such other property as is usually transported in dump trucks." (Emphasis supplied.)
Appellant filed its tariff supplement No. 1 to P. U.C.O. No. 4. Item 180A thereof establishes rates for the transportation of salt, rock salt and salt mixtures in bulk, transported in pressurized trailer equipment, which tariff became effective without challenge.
Thereafter, the Public Utilities Commission ordered appellant to show cause why item 180A should not be cancelled, stating that "certificate No. 6127-I apparently does not authorize the transportation of commodities in equipment other than in dump trucks."
Appellant answered, denying that its certificate is restricted to the use of dump trucks and asserting that the certificate is merely restricted as to commodities to be transported.
A hearing was had and the commission found that certificate No. 6127-I does not authorize the transportation of salt in "pressurized equipment," and that such specialized equipment is not covered by the phrase, "dump trucks," and ordered that appellant's P.U.C.O. No. 4, supplement 1, item 180A be cancelled.
An appeal from the order of the commission brings the cause to this court for review.
Mr. Charles H. Ayres, for appellant.
Mr. William B. Saxbe, attorney general, Mr. Theodore K. High and Mr. Clark G. Redick, for appellee.
The order of the Public Utilities Commission, being neither unlawful nor unreasonable, is affirmed.
Order affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT and BROWN, JJ., concur.
SCHNEIDER, J., dissents.