Wycoff Warehouse Inc. v. Public Service Comn.
| Decision Date | 23 June 1965 |
| Docket Number | No. 10213,10213 |
| Citation | 16 Utah 2d 431,403 P.2d 168 |
| Parties | d 431 WYCOFF WAREHOUSE, INC., Plaintiff, v. PUBLIC SERVICE COMMISSION of Utah et al., Defendants. |
| Court | Utah Supreme Court |
Pugsley, Hayes, Rampton & Watkiss, Harry D. Pugsley, Salt Lake City, for plaintiff.
Phil L. Hansen, Atty. Gen., Skeen, Worsley, Snow & Christensen, Gustin, Richards & Mattsson, William S. Richards, Salt Lake City, for defendants.
Wycoff Warehouse, Inc., plaintiff herein to whom we shall hereafter refer as Wycoff, seeks a review of an order of the Public Service Commission of Utah refusing to grant its application for a certificate of convenience and necessity to operate as a common carrier of general commodities 'to and from its warehouses or other warehouses owned, operated or leased by applicant * * * in Davis, Salt Lake and Weber Counties and between each of them and all points in said three counties' and return, and to serve all intermediate points therein.
At the hearing on this application it was made to appear that Wycoff was seeking authority to transport general commodities to all points in Davis, Salt Lake and Weber Counties from or to warehouses which it might lease or own in the future and also from warehouses or to warehouses owned or leased by particular customers but which they would operate for such customers, should such service be desired. The application was opposed by some motor carriers who held certificates of convenience and necessity for the carriage of general commodities in the areas desired to be served by Wycoff and who are authorized and are transporting such commodities now. About five customers of Wycoff's testified that an extended service by Wycoff would be convenient for them; however, it appeared that they were being adequately served at present.
The Commission concluded to deny the application because from the evidence it appeared to it that except for an extension of its authority to haul general commodities stored with it in its warehouses in Salt Lake to and from all points in Salt Lake and parts of Davis County to also include to and from all points in Davis and Weber Counties, Wycoff seeks an authority very broad in scope to haul such commodities to and from all points in those counties from warehouses which it does not presently lease, own or operate, but which it may own or lease or operate for others in the future. At present Wycoff uses the services of other authorized carriers to transport commodities stored with it in areas not covered by its hauling authority. It did not appear to the Commission that a clear public need for such a grant of authority was shown, but that to the contrary it appeared that such a grant would adversely affect existing cariers and the public interest.
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...indicated by the context, connotes the act of putting property into the possession of another. See Wycoff Warehouse, Inc. v. Public Service Comm., 16 Utah 2d 431, 433, 403 P.2d 168 (1965). After examining their plain meanings, it is clear that the words have different meanings. Therefore, w......
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...otherwise indicated by the context connotes the act of putting property into the possession of another. See Wycoff Warehouse, Inc v Public Service Commission, 16 Utah 2d 431, 433; 403 P2d 168 (1965). After examining their plain meanings, it is clear that the words have different meanings. T......