{ "id": 3012667, "name": "BRINK'S, INCORPORATED, Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant", "name_abbreviation": "Brink's, Inc. v. Illinois Commerce Commission", "decision_date": "1982-08-03", "docket_number": "No. 4-82-0033", "first_page": "186", "last_page": "191", "citations": [ { "type": "official", "cite": "108 Ill. App. 3d 186" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "328 N.E.2d 318", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "60 Ill. 2d 432", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5416119 ], "opinion_index": 0, "case_paths": [ "/ill-2d/60/0432-01" ] }, { "cite": "369 N.E.2d 370", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1950, "opinion_index": 0 }, { "cite": "54 Ill. App. 3d 257", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3399173 ], "year": 1950, "opinion_index": 0, "case_paths": [ "/ill-app-3d/54/0257-01" ] }, { "cite": "170 N.E.2d 625", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "629" } ], "opinion_index": 0 }, { "cite": "20 Ill. 2d 486", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2737470 ], "pin_cites": [ { "page": "494" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/20/0486-01" ] }, { "cite": "100 N.E. 159", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "257 Ill. 76", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4716851 ], "pin_cites": [ { "page": "79" } ], "opinion_index": 0, "case_paths": [ "/ill/257/0076-01" ] }, { "cite": "10 N.E.2d 961", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "965" } ], "opinion_index": 0 }, { "cite": "367 Ill. 217", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2575203 ], "pin_cites": [ { "page": "226" } ], "opinion_index": 0, "case_paths": [ "/ill/367/0217-01" ] }, { "cite": "85 Ill. App. 3d 1201", "category": "reporters:state", "reporter": "Ill. App. 3d", "opinion_index": 0 } ], "analysis": { "cardinality": 540, "char_count": 10885, "ocr_confidence": 0.752, "pagerank": { "raw": 1.2267559618058935e-07, "percentile": 0.604721742464522 }, "sha256": "a3604d0a5fe8cafa0feaa244c5a3cbae83b27e8b52166ccefa37bbf53d742099", "simhash": "1:b509dcce295fff21", "word_count": 1668 }, "last_updated": "2023-07-14T19:46:18.761710+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "BRINK\u2019S, INCORPORATED, Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE MILLS\ndelivered the opinion of the court:\nDoes this motor carrier certificate authorize the carrying of armored car commodities?\nThe ICC said yes.\nThe circuit court said no.\nWe agree with the court \u2014 the certificate is not that broad.\nWe affirm.\nThe Illinois Commerce Commission appeals from the judgment of the circuit court reversing the Commission\u2019s order authorizing Douglas Transit, Inc. (Douglas), to carry armored car commodities.\nIn 1951, the Division of Motor Carriers of the Department of Public Works and Buildings \u2014 acting pursuant to the provisions of the Illinois Truck Act (Ill. Rev. Stat. 1941, ch. 95%, par. 240 et seq.) \u2014 issued two certificates of public convenience and necessity to Douglas\u2019 predecessor in interest, Robert Armstrong. One certificate authorized Armstrong as a local carrier and the other authorized Armstrong as a specialized carrier. The certificates limited service to the following commodities and territories:\nLocal\n\u201c[Livestock, farm products, feed, coal, merchandise, furniture and commodities general within a 50 mile radius of the post office of Newman, Illinois and to transport such property to or from any point outside of such authorized area of operation for a shipper or shippers within such area.\u201d\nSpecialized\n\u201c[Livestock, farm products, feed, coal, merchandise, furniture and commodities general to or from any point or points within the State of Illinois.\u201d\nThereafter, the Illinois Motor Carrier of Property Act (Ill. Rev. Stat. 1953, ch. 951/2, par. 282 et seq.) superseded the Illinois Truck Act. In 1955, the Illinois Commerce Commission issued Armstrong a new certificate of public convenience and necessity. This certificate was obtained pursuant to section 9 of the Illinois Motor Carrier of Property Act (Ill. Rev. Stat. 1953, ch. 951/2, par. 282.9). Section 9 was the \u201cgrandfather clause\u201d which provided that an applicant holding a certificate under the Illinois Truck Act would be granted a new certificate authorizing the applicant to perform the services authorized and actually performed pursuant to the provisions of the Illinois Truck Act. Armstrong\u2019s grandfather certificate provided for the transportation of the following commodities within the stated territory:\n\u201cLivestock, farm products, feed, coal, merchandise, furniture and commodities general within a Fifty (50) mile radius of the Post Office at Newman, Illinois, and to transport such property to or from any point outside of such authorized area of operation for a shipper or shippers within such area; also, livestock, farm products, feed, coal, merchandise, furniture and commodities general to or from any point or points within the State of Illinois.\u201d\nThis certificate was subsequently transferred to Douglas. In July 1978, Douglas began issuing receipt forms bearing the inscription \u201cDouglas Transit, Inc., Armored Car Division\u201d to several Springfield banks. At the same time, it began submitting proposals to various Springfield area banks for transporting monies, notes, securities, and other valuable properties usually transported in armored vehicles. Shortly thereafter, Brink\u2019s, Inc., and Purolator Security, Inc., filed separate complaints (which were later consolidated) with the Illinois Commerce Commission against Douglas. The Commission granted Douglas\u2019 motion to strike certain paragraphs in the Brink\u2019s complaint which alleged that Douglas lacked the authority to transport armored car commodities.\nOn an appeal by Brink\u2019s, the circuit court reversed the order of the Commission. However, this court reversed the decision of the circuit court finding that the Commission\u2019s order was, not final and hence not appealable. The case was remanded back to the Commission. Brink\u2019s, Inc. v. Illinois Commerce Com. (1980), 85 Ill. App. 3d 1201 (order under Supreme Court Rule 23).\nThereafter, Brink\u2019s filed an amended complaint which alleged that Douglas had violated the grandfather clause of the Motor Carriers of Property Law and also had abandoned any authority to carry armored car commodities. Counsel for all parties agreed to a stipulation of facts. Among the facts stipulated were:\n\u201cThat at no time prior to July 7, 1978, with the exception of a one-time solicitation in Champaign, Illinois in 1975, has Douglas Transit, Inc. ever solicited to carry currency, coin, jewelry, precious metals, stocks, bonds, checks and other negotiable and non-negotiable instruments, securities, postage and revenue stamps and other valuable documents, papers and properties of unusual and intrinsic value which are commonly carried in armored vehicles [hereinafter referred to as armored car commodities].\nThat at no time prior to July 7, 1978 has Douglas Transit, Inc. ever owned, leased, or otherwise had available an armored vehicle, a vault or personnel necessary to transport [armored car commodities].\u201d\nThe Commission issued an order denying the amended complaint of Brink\u2019s and Purolator and found that Douglas possessed authority as a common carrier of general commodities including armored car commodities. On appeal, the circuit court reversed the decision of the Commission.\nThe court\u2019s reversal was based on three independent reasons: (1) that the language of the Illinois Truck Act certificates from which Douglas\u2019 certificate was derived could not be read to include authority for armored car commodities under the rule of ejusdem generis-, (2) that there was no actual transportation of any armored car commodities by Douglas\u2019 predecessor operating under the Illinois Truck Act and, therefore, Douglas had no armored car commodities authority by virtue of the grandfather clause of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981, ch. 951/2, par. 18 \u2014 305); and (3) that there had never been any transport of armored car commodities by Douglas or its predecessor and, therefore, any such authority which might have existed had been abandoned.\nWe find that this case may be disposed of on the basis that Armstrong\u2019s certificate did not authorize the carriage of armored car commodities and express no opinion on the other two reasons in support of the circuit court\u2019s judgment.\nThe Commission\u2019s position is that the phrase \u201ccommodities general\u201d in Douglas\u2019 certificate refers to all commodities, so that Douglas is authorized to carry any commodity including armored car commodities. Brink\u2019s maintains that the phrase \u201ccommodities general\u201d should be interpreted as only authorizing Douglas to transport all commodities in the class of commodities described by the specific words preceding that phrase under the rule of construction known as ejusdem generis.\nThe rule of ejusdem generis was explained by the Illinois Supreme Court in Bullman v. City of Chicago (1937), 367 Ill. 217, 226, 10 N.E.2d 961, 965. The court said:\n\u201c \u2018It has been repeatedly held by this and other courts, that where general words follow particular and specific words in a statute the general words must be construed to include only things of the same kind as those indicated by the particular and specific words; [citations] and this rule is enforced in the construction of a statute unless there is something in the statute, or its context, which shows that the doctrine of ejusdem generis should not be applied. [Citations.]\u2019 \u201d (Quoting City of Chicago v. Ross (1912), 257 Ill. 76, 79, 100 N.E. 159.)\nThe reason for the rule is that if the legislature had intended that the general words apply without restriction, it would have used only \u201cone compendious word.\u201d (People v. Capuzi (1960), 20 Ill. 2d 486, 494, 170 N.E.2d 625, 629.) The application of the rule is not limited to statutes but extends to wills and other instruments. (Capuzi; St. John\u2019s Evangelical Lutheran Church v. Kreider (1977), 54 Ill. App. 3d 257, 369 N.E.2d 370.) The Interstate Commerce Commission has applied the doctrine when interpreting certificates of public convenience and necessity issued to interstate carriers. Petroleum Carrier Corp. v. Black (1950), 51 M.C.C. 717.\nThe rule is not a rule of mandatory application and must yield when a contrary intent is apparent. However, the Illinois Supreme Court has indicated that the rule is applicable unless a contrary intent is evident. (See Farley v. Marion Power Shovel Co. (1975), 60 Ill. 2d 432, 328 N.E.2d 318; Bullman.) Nothing in the record indicates the rule should not be applied to Douglas\u2019 certificate. The Commission offers no reasonable explanation as to why the Department, if it intended Armstrong to carry all commodities, did not merely employ the \u201cone compendious\u201d phrase \u201ccommodities general\u201d instead of listing several particular commodities as it did.\nThe words \u201clivestock, farm products, feed, coal, merchandise, furniture\u201d in the certificate would be rendered superfluos if the phrase \u201ccommodities general\u201d was interpreted to include all commodities. On the other hand, if the phrase is interpreted as including all commodities within the class of commodities described by the particular words, then all the words in the certificate can be given effect. Furthermore, as Brink\u2019s indicates, if Armstrong had authority to carry all commodities, then it had authority to carry such commodities as high explosives, tanks of chlorine, and chemical and radioactive waste products. We find it highly unlikely that, if the Department actually intended Armstrong to carry all commodities, it would have failed to specify these extraordinary commodities while making special mention of such mundane items as feed and furniture.\nBrink\u2019s states in its brief that the specific words in Douglas\u2019 certificate describes a \u201crural general freight service suited to bring the produce of the farm to the town and to carry manufactured goods back to the agricultural communities.\u201d This classification is consistent with the language in the certificate and with the types of commodities actually transported by Douglas prior to its solicitation of armored car commodities. Armored car commodities are not within the class of commodities described by the specific words in Douglas\u2019 certificate and, therefore, are not included by the phrase \u201ccommodities general\u201d as that phrase is used in the certificate.\nAccordingly, we hold that Douglas\u2019 certificate does not authorize the carriage of armored car commodities.\nThe judgment of the circuit court is affirmed.\nAffirmed.\nGREEN, E J., and WEBBER, J., concur.", "type": "majority", "author": "JUSTICE MILLS" } ], "attorneys": [ "Tyrone C. Fahner, Attorney General, of Springfield (Hercules F. Bolos, Special Assistant Attorney General, and Edward R O\u2019Brien, Assistant Attorney General, of counsel), for appellant.", "Thomas G. Lyons, J. Michael Heaton, and Patrick L. Moore, all of O\u2019Keefe, Ashenden, Lyons & Ward, of Chicago, for appellee." ], "corrections": "", "head_matter": "BRINK\u2019S, INCORPORATED, Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant.\nFourth District\nNo. 4 \u2014 82\u20140033\nOpinion filed August 3, 1982.\nRehearing denied September 7, 1982.\nTyrone C. Fahner, Attorney General, of Springfield (Hercules F. Bolos, Special Assistant Attorney General, and Edward R O\u2019Brien, Assistant Attorney General, of counsel), for appellant.\nThomas G. Lyons, J. Michael Heaton, and Patrick L. Moore, all of O\u2019Keefe, Ashenden, Lyons & Ward, of Chicago, for appellee." }, "file_name": "0186-01", "first_page_order": 208, "last_page_order": 213 }