Welch Grape Juice Co. v. Public Service Commission
Welch Grape Juice Co. v. Public Service Commission
Opinion of the Court
The Welch Grape Juice Company purchases grapes both in Michigan and Ontario, Canada, and processes them in its plant at Lawton, Michigan. The very short season for gathering the ripe grapes is towards the end of September of each year. The grapes from Ontario are gathered at St, Catherines, Ontario, from which point they are transported by trucks of the Mason Cartage, Ltd., a Canadian trucking company, to Lawton, Michigan, The route usually traveled is from St. Catherines through Sarnia, Ontario, across the bridge to Port Huron, Michigan, and from there to Lawton, Michigan. The grapes must be transported without delay to avoid deterioration. The movement of the entire crop takes but a few weeks and by its very nature is a seasonal operation. For this purpose the Mason Cartage, Ltd., in 1951, used 60 trailer and truck units. The Public Service Commission of the State of Michigan, which together with its members are defendants and appellants herein, demanded that the Mason Cartage, Ltd., secure a certificate of public convenience and necessity to transport the grapes through Michigan and in lieu thereof was threatened with seizure of its trucks as well as the arrest of its drivers. Following the seizure of 4 trucks and arrest of the drivers, plaintiff Mason
Defendants assume a very fair attitude on appeal and cite law favoring plaintiffs as well as defendants. There is no disagreement as to the facts, the case having been submitted on an agreed statement of facts. The motor carrier act, CL 1948, § 475.1 et seq. (Stat Ann and Stat Ann 1953 Cum Supp § 22.-531 et seq.) contains the following exemptions from the regulatory provisions of the act in article 5, § 2 of the act, subparagraphs (f) and (g) (CL 1948, § 479.2 [Stat Ann 1953 Cum Supp § 22.567]):
“(f) Vehicles used for the transportation of fruits, green vegetables, and sugar beets from farm or orchard to market or for transferring or reloading such farm produce for other markets either local or foreign: Provided, That nothing contained in this subsection shall be deemed to exempt the transportation of such produce in other than the raw state;
“(g) Vehicles used for occasional accommodative transportation service including seasonal transportation of perishable commodities even though the cost of such accommodative service and seasonal transportation of perishable commodities may be paid by the person or persons so accommodated.”
It will be noted that in section (f) vehicles used for the transportation of fruits in the raw state are exempt from the act. There is no question but that the grapes were transported in the raw state. In a letter submitted by appellants to the trial judge in
The exemption in subparagraph (g) applies to “vehicles used for occasional accommodative transportation service including seasonal transportation of perishable commodities even though the cost * * * may be paid by the person or persons so accommodated.” Defendants claim that the transportation was not an accommodation. It is pointed out by the trial judge in his opinion that according to Webster’s New International Dictionary (2d ed), an accommodative act may be that which furnishes someone with something desired, needed or convenient. See Powell v. Utz (DC Wash), 87 F Supp 811.
Defendants raise a question for the first time that was not raised in the trial court. They read into the law the exception that foreign trucks may not have the benefit of the exemptions if the laws of that country do not show a reciprocal exemption to trucks belonging to residents of Michigan. The whole tendency of the laws of most of the States is to encourage the raising of fruit products and their free and unhampered transportation in the raw state. If there is to be any exception, it must be made by the legislature and not by this Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.