Legal Opinion

Toth v. Public Service Commission

Superior Court of Pennsylvania

Decided December 1, 1919No. Appeals, Nos. 124, 126, 128 and 129PublishedCited by 5 opinions

Appeals, Nos. 124, 126, 128 and 129, April T., 1919, from orders of the Public Service Commission of the Commonwealth of Pennsylvania, by Respondents in the cases of George Toth, Andy Solopek, B. T. Milan and Nick Brokovich v. The Public Service Commission, on appeal.

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Appeals, Nos. 124, 126, 128 and 129, April T., 1919, from orders of the Public Service Commission of the Commonwealth of Pennsylvania, by Respondents in the cases of George Toth, Andy Solopek, B. T. Milan and Nick Brokovich v. The Public Service Commission, on appeal. Complaint of Masontown Taxi Company before the Public Service Commission that the respondents were operating autobusses as common carriers without certificates of public convenience, and in violation of Section 2 of Article III of the Public Service Company Law. The commission made an order directing each of the respondents to…

1Opinion of the Court

Opinion by

Keller, J.,

The majority of the court are of the opinion that in these cases there was no competent evidence adduced before the Public Service Commission that the appellants were engaged in business or operating as common carriers. Unless they were, the commission had no jurisdiction or authority to make the orders appealed from.

The evidence, which was very meager and consisted of nothing but the testimony of the complainant himself, went no further than to establish that each of the appellants owned an automobile in which he occasionally carried passengers from Mount Sterling to…

2Cited by5 opinions

  1. Dairymen's Co-Operative Sales Assn. v. P. S. C.Superior Court of Pennsylvania · 1934
  2. Harder v. Public Service CommissionSuperior Court of Pennsylvania · 1927
  3. Weisberger v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1939
  4. Commonwealth v. BenciPike County Court of Quarter Sessions · 1949
  5. Commonwealth v. CerraLackawanna County Court of Quarter Sessions · 1948

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