Public service company law — Commission — Jurisdiction — Carriers — Common carrier — Definition — Coöperative association — Hauling for members of.
A carrier who, under a contract with a coöperative association and its members, hauls only milk consigned by the members to the association for sale, is not a common carrier subject to the jurisdiction of the public service commission, although the membership of the association is large, and the individual members pay the hauling charges to the carrier.
See 115 Pa. Super. 100.
Mr. Justice SIMPSON and Mr. Justice KEPHART dissented.
Argued January 31, 1935.
OPINION BY MR. JUSTICE LINN, April 1, 1935:
A majority of the members of this court, Mr. Justice SIMPSON and Mr. Justice KEPHART dissenting, agree that the decision appealed from should be affirmed on the opinion of the Superior Court written by Judge PARKER and reported in 115 Pa. Super. 100.