North Coast Transp. Co. v. Department of Public Works

• Decision Date: 26 May 1930
• Docket Number: 22289.
• Citation: 157 Wash. 79,288 P. 245
• Parties: NORTH COAST TRANSP. CO. v. DEPARTMENT OF PUBLIC WORKS et al.
• Court: Washington Supreme Court

288 P. 245

157 Wash. 79

NORTH COAST TRANSP. CO. v. DEPARTMENT OF PUBLIC WORKS et al.

No. 22289.

Supreme Court of Washington

May 26, 1930

Department 2.

Appeal from Superior Court, Thurston County; A. W. Hawkins, Judge.

Proceeding by the North Coast Transportation Company, a corporation, for amendment of a certificate of convenience and necessity, and several others, including B. Krakenberger, made applications to conduct a similar service. From an order of the superior court, setting aside an order of the Department of Public Works denying the application of the North Coast Transportation Company to modify its existing certificate granting certificate of convenience and necessity to B Krakenberger and denying other applications, the Department of Public Works and B. Krakenberger appeal.

Affirmed.

John H Dunbar and John C. Hurspool, both of Olympia, for appellants.

Cleland & Clifford, of Olympia, for respondent.

FULLERTON J.

On July 14, 1927, the Department of Public Works of the state of Washington issued to the respondent, North Coast Transportation Company, a certificate of public convenience and necessity authorizing it to conduct a passenger and express service, in motor-propelled vehicles, between the city of Seattle and the city of Tacoma, over a designated public highway of the state, commonly known as the 'high line route,' a road passing over uplands lying between the cities. The respondent was operating motor-propelled vehicles for the purposes mentioned in the certificate at the time the certificate was granted, and since that time has continued the operations on regular schedules approved by the department.

At the time the certificate mentioned was granted to the respondent, the high line route was paved for only a part of its distance. For the greater part of the way, it had a graveled surface. It was, moreover, tortuous and winding, with heavy grades, and not suitable or safe for the constantly increasing traffic that passed over it. When the state desired to make a permanent way over the highlands, it selected a practically new route between the city of Tacoma and a point on the paved highway some 9 miles southerly from the respondent's terminal stations in the city of Seattle. This route, however, closely paralleled the existing route. At no place is it more than 2 1/2 miles distant therefrom, and for a distance of 1 1/2 miles it is laid upon the existing highway. The new way is comparatively straight. The excessive grades of the old way are eliminated. The way is designed for a double pavement, each 20 feet in width. Since it has been opened to traffic, all of the through traffic by privately owned motor vehicles passes over it to the exclusion of the older way.

Prior to the completion of the paving on the new highway, the respondent applied to the Department of Public Works for an amendment of its certificate of convenience and necessity in such manner as to authorize it to operate its motor-propelled vehicles used in furnishing passenger and express service over the new highway. Applications for certificates to conduct a similar service between the cities named were made by a number of others, among whom was the appellant Krakenberger. Public hearings were held by the department on the respective applications, which resulted in a denial of the application of the respondent to modify its existing certificate, a denial of the application of the other applicants mentioned, and the granting of a certificate to Krakenberger.

An appeal was taken from the order of the department to the superior court of Thurston county. That court set aside the order, and directed that the application of the respondent be granted. The appeal before us is from the judgment of the superior court.

The Department of Public Works is not given unlimited power to grant certificates of convenience and necessity authorizing the furnishing of passenger and express service over a given route to whomsoever it will regardless of existing conditions. On the contrary, its powers in this...