Railway Express Agency v. Alabama Public

LIVINGSTON, Chief Justice. On March 24, 1953, Capital Motor Lines, a motor carrier of passengers, sought authority from the
Alabama Public Service Commission to transport, in vehicles other than passenger-carrying vehicles, express packages. In its
original application, Capital Motor Lines sought an order amending Motor Carrier Certificate of Public Convenience and Necessity
No. 3 (its passenger certificate) by adding thereto authority to transport express packages in equipment other than passenger-carrying
equipment. The application was subsequently amended so as to request that the authority issued carry with it all the restrictions,
provisions, and limitations contained in Capital's Local Express Tariff No. 6. As an alternative prayer, applicant requested
that the Commission issue a separate certificate authorizing the transportation of express in equipment other than passenger-carrying
equipment on all routes authorized under said Certificate No. 3, subject to the above-mentioned restrictions. The application was opposed by various regular-route truck lines and by the Railway Express Agency.