A. B. & C. Motor Transp. Co. v. Department of Public Utilities
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before QUA; LUMMUS |
| Citation | 100 N.E.2d 560,327 Mass. 550 |
| Parties | A. B. & C. MOTOR TRANSP. CO., Inc. et al. v. DEPARTMENT OF PUBLIC UTILITIES. |
| Decision Date | 29 June 1951 |
Page 560
v.
DEPARTMENT OF PUBLIC UTILITIES.
Decided June 29, 1951.
J. J. Weinstein, Boston, for plaintiff.
D. H. Stuart, Asst. Atty. Gen., for defendants.
Before QUA, C. J., and LUMMUS, WILKINS, SPALDING and WILLIAMS, JJ.
LUMMUS, Justice.
William C. Barry, Inc., held three certificates of public convenience and necessity under G.L. (Ter.Ed.) c. 159B, authorizing the carriage of property for hire in Massachusetts. In June 1949, William C. Barry, Inc., reduced its business to very small proportions, and on February 14, 1950, filed applications for the transfers and assignments of its three certificates to three separate transferees, as provided in G.L. (Ter.Ed.) c. 159B, § 11, as it appears in the revision of that chapter made by St.1938, c. 483, § 1, as amended by St.1941, c. 483, § 3, St.1945, c. 644, § 2, and St. 1948, c. 616. See also St.1950, c. 186. By G.L. (Ter.Ed.) c. 25, § 12F, as added by St.1935, c. 405, § 1, as amended, a commercial motor vehicle division, under the charge of a director, was established in the department[327 Mass. 551] of public utilities, under the general supervision and control of the commissioners of public utilities. A hearing was held on March 3, 1950, before the director, at which various competing carriers appeared in opposition to the transfers. The director entered an order permitting the transfers.
A right of appeal from the director to the commission is given by an order of the commission made in 1942, under G.L. (Ter.Ed.) c. 25, § 12F, to 'Any party in interest
Page 561
aggrieved by any order of the Director of the Commercial Motor Vehicle Division.' The competing carriers which oppose the transfers have filed such an appeal.By a majority decision, the commission held that the competing carriers were not parties 'aggrieved,' and dismissed their appeal. The competing carriers, on August 30, 1950, filed their bill of complaint in this court to have set aside the order dismissing their appeal and to have their appeal allowed. Such a bill was within the jurisdiction of this court in equity under G.L. (Ter.Ed.) c. 25, § 5. A reservation and report by a single justice, without decision, brings the case here.
The defendant relies upon Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 86 N.E.2d 920, where it was held that one restaurant proprietor in a zoned district could not object to the granting of a variance to another, thereby increasing competition. As the court said at pages 429-430,...
To continue reading
Request your trial
-
SDK Medical Computer Services Corp. v. Professional Operating Management Group, Inc.
...Ass'n v. State Racing Comm'n, 342 Mass. 694, 702, 175 N.E.2d 244 (1961); A.B. & C. Motor Transp. Co. v. Department of Pub. Util., 327 Mass. 550, 551--552, 100 N.E.2d 560 (1951); American Can Co. v. Milk Control Bd., 313 Mass. 156, 159--161, 46 N.E.2d 542 (1943)); 11 and other cases allowing......
-
City of Newton v. Department of Public Utilities
...* * * [the city] may not itself bring a petition.' See A. B. & C. Motor Transp. Co., [339 Mass. 544] Inc. v. Department of Pub. Util., 327 Mass. 550, 551, 100 N.E.2d 560. In Flynn v. Department of Pub. Util., 302 Mass. 131, 134-135, 18 N.E.2d 538; City of Malden v. Metropolitan Transit Auth......
-
Malden Transp., Inc. v. Uber Techs., Inc., Civil Action No. 16–12538–NMG
...carrier of passengers [to] restrain competition by an unlicensed carrier." A. B. & C. Motor Transp. Co. v. Dep't of Pub. Utilities, 327 Mass. 550, 551, 100 N.E.2d 560 (1951) (collecting cases). This Court has already allowed claims similar to plaintiffs' to survive a motion to dismiss again......
-
Indeck Maine Energy v. Com'R of Energy, SJC-10332.
...to judicial review. Id. at 702, 703, 175 N.E.2d 244. 454 Mass. 523 Likewise, in A.B. & C. Motor Transp. Co. v. Department of Pub. Utils., 327 Mass. 550, 550-552, 100 N.E.2d 560 (1951), we held that a carrier of property for hire could challenge a decision by the director of the agency that ......
-
SDK Medical Computer Services Corp. v. Professional Operating Management Group, Inc.
...Ass'n v. State Racing Comm'n, 342 Mass. 694, 702, 175 N.E.2d 244 (1961); A.B. & C. Motor Transp. Co. v. Department of Pub. Util., 327 Mass. 550, 551--552, 100 N.E.2d 560 (1951); American Can Co. v. Milk Control Bd., 313 Mass. 156, 159--161, 46 N.E.2d 542 (1943)); 11 and other cases allowing......
-
City of Newton v. Department of Public Utilities
...* * * [the city] may not itself bring a petition.' See A. B. & C. Motor Transp. Co., [339 Mass. 544] Inc. v. Department of Pub. Util., 327 Mass. 550, 551, 100 N.E.2d 560. In Flynn v. Department of Pub. Util., 302 Mass. 131, 134-135, 18 N.E.2d 538; City of Malden v. Metropolitan Transit Auth......
-
Malden Transp., Inc. v. Uber Techs., Inc., Civil Action No. 16–12538–NMG
...carrier of passengers [to] restrain competition by an unlicensed carrier." A. B. & C. Motor Transp. Co. v. Dep't of Pub. Utilities, 327 Mass. 550, 551, 100 N.E.2d 560 (1951) (collecting cases). This Court has already allowed claims similar to plaintiffs' to survive a motion to dismiss again......
-
Indeck Maine Energy v. Com'R of Energy, SJC-10332.
...to judicial review. Id. at 702, 703, 175 N.E.2d 244. 454 Mass. 523 Likewise, in A.B. & C. Motor Transp. Co. v. Department of Pub. Utils., 327 Mass. 550, 550-552, 100 N.E.2d 560 (1951), we held that a carrier of property for hire could challenge a decision by the director of the agency that ......