State v. Public Service Commission of Missouri, 34110.

• Citation: 90 S.W.2d 394
• Decision Date: 11 January 1936
• Docket Number: No. 34110.,34110.
• Parties: STATE ex rel. GEHRS v. PUBLIC SERVICE COMMISSION OF MISSOURI.
• Court: United States State Supreme Court of Missouri

90 S.W.2d 394

STATE ex rel. GEHRS v. PUBLIC SERVICE COMMISSION OF MISSOURI.

No. 34110.

Supreme Court of Missouri, Division No. 1.

January 11, 1936.

Appeal from Circuit Court, Cole County; N. G. Sevier, Judge.

Proceeding by the State of Missouri, on the relation of W. L. Gehrs, doing business as the Ozark Trunk Lines, to review an order of the Public Service Commission retiring a certificate of convenience and necessity issued to W. L. Gehrs, and transferring all the authority granted thereunder to the Banner Truck Lines, Incorporated. From a judgment affirming the order, the relator appeals.

Transferred to the Kansas City Court of Appeals.

Frank B. Williams, of Springfield, Almon Ing, of Ironton, and June Rose, of Jefferson City, for appellant.

Sam O. Hargus, of Kansas City, and James P. Boyd, of Paris, for respondent.

BRADLEY, Commissioner.

This is an appeal from the circuit court of Cole county, affirming an order of the Public Service Commission retiring a certificate of convenience and necessity issued to appellant, W. L. Gehrs, and transferring "all the authority granted" under said certificate to another.

W. L. Gehrs, doing business as Ozark Trunk Lines of Springfield, Mo., operated a truck line as a common carrier of freight, under certificate of convenience and necessity No. T-605, between St. Louis and Joplin, Mo., over United States highway No. 66, and also operated interstate into Kansas. Banner Truck Lines, Inc., of Lebanon, Mo., operated a similar line and service over said highway, between Lebanon and St. Louis, under certificate No. T-161. May 12, 1934, Gehrs entered into a written contract with the Banner Truck Lines, Inc., by which he agreed to sell to that company all the equipment used by him in carrying on his trucking business, including good will. The contract recites that the buyer was to make application to the Public Service Commission for transfer to the buyer of the authority given under certificate No. T-605, and that the seller was to assist in having such transfer made. May 15, 1934, the same parties entered into another written agreement reciting that appellant, Gehrs, had "sold his business, rights and assets" under certificate No. T-605 to the Banner Truck Lines, Inc., subject to the approval of the commission, and by this agreement, both parties were to join in an application to the commission for the transfer of the rights under certificate No. T-605 to the Banner Truck Lines, Inc. May 21, 1934, the joint application for the transfer was filed with the commission. Hearing before the commission was set for June 22d, but was continued to June 27th. June 25th, Gehrs filed with the commission a petition to dismiss the application to transfer his rights, etc., under certificate No. T-605, reciting in the petition that no consideration "has at this time" passed...