Application of Calhoun v. Calhoun, 2008

Decision Date18 May 1937
Docket Number2008
Citation68 P.2d 591,51 Wyo. 448
PartiesAPPLICATION OF CALHOUN, ET AL. RUSSELL v. CALHOUN, ET AL
CourtWyoming Supreme Court

68 P.2d 591

51 Wyo. 448

APPLICATION OF CALHOUN, ET AL. RUSSELL
v.
CALHOUN, ET AL

No. 2008

Supreme Court of Wyoming

May 18, 1937


APPEAL from the District Court of Laramie County; SAM M. THOMPSON, Judge.

Proceeding by F. C. Calhoun and others for authority to transfer motor carriers' certificates of public convenience and necessity, wherein L. J. Russell, doing business under the firm name of the Russell Transportation Company, and others, filed protests. From an order affirming an order of the Public Service Commission for petitioners, named protestant appeals.

Reversed with instructions.

For the appellant, there was a brief and oral argument by Joseph Garst of Douglas, Wyoming.

Russell Transportation Company protested the application of Goodrich and Calhoun for permission to transfer their motor carrier certificates to a corporation. Such transfer is not authorized by the Wyoming Statute, Laws 1935, Chapter 65, Section 65. Penn. R. Co. v. Pub. U. Comm., 155 N.E. 694; Re St. Johns River Line Co., 7 P. U. R. (N. S.) 268. In this case, our opponents have confused the notice of the appeal with notices required to be given by the clerk of the district court. Sec. 62-1202, R. S. prescribes the notice required in appeals from justice courts. Laws 1935, Chapter 65, Section 48 prescribes the notice of appeal to be filed with the Public Service Commission. We invite a comparison of the terms of these statutes and direct attention to the case of Jones v. Kaan, 37 Wyo. 165, 168; Clinton v. Elder, 40 Wyo. 350; Vindon v. Assn., 9 N.E. 178; Huntington v. City, 73 A. 829; Re Boner, 189 F. 93; Eggart v. Dunning, 15 Wyo. 487. The notice of appeal required by Section 48, Chapter 65, Laws 1935 was filed in time and the provisions of Sections 50 and 52 of the same chapter were complied with. 3 C. J. 1252. Goodrich v. Peterson, 12 Wyo. 214.

For the respondents there was a brief by Ray E. Lee, Attorney General, and L. C. Sampson, both of Cheyenne, and Harold I. Bacheller of Casper, and oral arguments by Messrs. Lee and Sampson.

The Public Service Commission ordered the certificate to Calhoun-Goodrich Lines, Inc. issued, Commissioner Foley, dissenting. From this order an appeal was taken by Russell Transportation Company. It is our belief that the order is not subject to attack. 1 Blashfield, Cyc. Auto Law and Practice 343; Century Company v. Public Transport, 176 A. 719, 117 N. J. Eq. 520; In re Stolling, (Wash.) 230 P. 405; Trans. System v. Louisville, (Ill.) 153 N.E. 510; Commerce Comm. , (Ill.) 175 N.E. 8; Motor Express v. Commission, 177 A. 490.

RINER, Justice. BLUME, Ch. J., and KIMBALL, J., concur.

OPINION [68 P.2d 592]

[51 Wyo. 450] RINER, Justice.

This case is a direct appeal proceeding to review a judgment of the district court of Laramie County, affirming an order made by the Public Service Commission of the State of Wyoming.

On December 23, 1935, the same day on which G. L. Goodrich made his application to amend the certificate of Public Convenience and Necessity, which had theretofore been granted him by the Public Service Commission of this state on April 17, 1935, assigned No. 199, and considered by this court in Case No. 2007 this day decided, Goodrich, with F. C. Calhoun and Calhoun-Goodrich Lines, Inc., a Wyoming corporation, filed with said Commission a joint application for authority [51 Wyo. 451] to transfer the amended certificate aforesaid held by him individually and two certificates of public convenience and necessity numbered 116 and 118 respectively, held by Calhoun individually, to the corporation above named, thus to accomplish a consolidation of the several services in these certificates authorized. Certificate 199 as amended authorized Goodrich, as described in the opinion filed in Case No. 2007, aforesaid,

"to transport all freight originating at Casper, Glenrock, Douglas and Glendo destined to Dwyer, and all points East to the Wyoming-Nebraska State Line, where the same is intersected by Federal Highway No. 26 over Highway No. 26 over Highways Nos. 87, 85 and 26, and to transport all freight originating at Dwyer and all points East to the Wyoming-Nebraska State Line destined for Glendo, Douglas, Glenrock and Casper.

"PROVIDED: --No intermediate operations will be attempted by the operator or permitted by the Commission between the following points: --Torrington, Lingle, Ft. Laramie and Guernsey, West or Eastbound; also between Glendo, Douglas, Glenrock and Casper, in either direction."

Certificates numbered 116 and 118, as described in said joint application, authorized Calhoun to "operate motor vehicles as a common carrier of freight and express between the Colorado-Wyoming boundary line where the same is intersected by Highway U.S. 85 and Guernsey, Wyoming, via Torrington, Lingle and Ft. Laramie over Highway U.S. 85 and 26; also between the Colorado-Wyoming boundary line at the same highway intersection and Guernsey, Wyoming, over Highways U.S. 85, 87 and 26; also all intermediate points along and over such routes."

January 18, 1936, the Chicago, Burlington & Quincy Railroad Company and the Railway Express Agency filed a joint protest with the Public Service Commission of Wyoming, to the effect that the application aforesaid [51 Wyo. 452] made no showing that the proposed consolidation was warranted or justified by public convenience and necessity. These protestants stated, however, that in case no protest was filed by other interested parties, these protestants consented [68 P.2d 593] that the Commission might enter such order upon the application aforesaid, as it found justified or required in the interest of the public and for its convenience and necessity.

Subsequently and on January 16, 1936, the appellant, L. J. Russell, doing business as Russell Transportation Company, filed his protest against the allowance by the Public Service Commission of the proposed consolidation. Summarized the objections submitted thereby were that he is now, and for a long time has been, operating as a common motor carrier under legal certificates, over a route from the Colorado-Wyoming State Line North on Highway 85 to Cheyenne, thence North on Highway 87 to Casper...

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13 cases
  • Mc,Kay v. Public Utilities Com'n
    • United States
    • Colorado Supreme Court
    • 29 Mayo 1939
    ... ... Thereafter ... petitioner filed an application for rehearing, setting forth ... numerous grounds comprehended in the ... Russell v. Calhoun, 51 Wyo. 448, 68 P.2d 591 ... Having ... in mind that the ... ...
  • Arkansas Louisiana Gas Co. v. FEDERAL POWER COM'N
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 6 Julio 1940
    ... ... complaint is that the only real facts shown in support of the application were that the applicant and the Ideal Cement plant at Okay wanted ... 383, 156 N.W. 614, L.R.A.1916E, 748; Russell v. Calhoun et al., 51 Wyo. 448, 68 P.2d 591; A & T Motor Freight, Inc. v. Public ... ...
  • Main Line Hauling Co., Inc. v. Public Service Commission
    • United States
    • Missouri Court of Appeals
    • 28 Agosto 1978
    ... ... 10, 1978 ... Application to Transfer Denied Nov. 6, 1978 ...         Thomas A. Hughes, ... v. State, 201 Okl. 274, 190 P.2d 150 (1947); Application of Calhoun, 51 Wyo. 448, 68 P.2d 591 (1937); Pennsylvania R. Co. v. Public Utilities ... ...
  • Murphy Motor Freight Lines, Inc. v. Witte Transp. Co., 38239
    • United States
    • Minnesota Supreme Court
    • 14 Julio 1961
    ... ... Paul and Rochester and later on application of the carrier granted a 'cross-state' route between Owatonna and Winona ... To the same effect see also Russell v. Calhoun, 51 Wyo. 448, 68 P.2d 591; Central Truck Lines, Inc. v. Railroad Comm., ... ...
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