City of Cleveland v. Pub. Utilities Comm'n of Ohio, No. 23762.

CourtOhio Supreme Court
Writing for the CourtPER CURIAM.
Citation126 Ohio St. 210,184 N.E. 851
PartiesCITY OF CLEVELAND et al. v. PUBLIC UTILITIES COMMISSION OF OHIO et al.
Decision Date21 December 1932
Docket NumberNo. 23762.

126 Ohio St. 210
184 N.E. 851

CITY OF CLEVELAND et al.
v.
PUBLIC UTILITIES COMMISSION OF OHIO et al.

No. 23762.

Supreme Court of Ohio.

Dec. 21, 1932.


Error to Public Utilities Commission.

[Ohio St. 210]W. George Kerr, Director of Law, and Henry S. Brainard, both of Cleveland, for plaintiff in error City of Cleveland.

Squire, Sanders & Dempsey, H. J. Crawford, and Frank Harrison, all of Cleveland, for plaintiff in error Cleveland Ry. Co.


Henderson, Burr, Randall & Porter and Andrew D. Rodgers, Jr., all of Columbus, for plaintiff in error Pennsylvania R. Co.

Gilbert Bettman, Atty. Gen., T. J. Herbert, of Columbus, and W. C. Blackmore, of Cleveland, for defendants in error.

PER CURIAM.

It is ordered and adjudged by this court that the order of the said Public Utilities Commission of Ohio granting the operation of a bus from Ninety-Third street in Cleveland, to the public square in said city, be, and [Ohio St. 211]the same is hereby, reversed for the reason that said order authorizes the operation of a bus line wholly within the limits of the city of Cleveland, which operation, wholly within the city, was not involved in a previous order issued in favor of the applicants, nor contemplated thereby, and the consent of the city of Cleveland not having been obtained.

Order reversed.

MARSHALL, C. J., and...

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4 practice notes
  • Cleveland v. Pub. Util. Comm., 25801
    • United States
    • United States State Supreme Court of Ohio
    • March 18, 1936
    ...claim: 1. That the order is contrary to the decision of this court in the case of City of Cleveland v. Public Utilities Commission, 126 Ohio St. 210, 184 N. E., 851. 2. The jurisdiction of the commission is statutory only and the Motor Transportation Act excludes the commission of jurisdict......
  • City of Cleveland v. Pub. Utilities Comm'n of Ohio, No. 25801.
    • United States
    • Ohio Supreme Court
    • March 18, 1936
    ...claim: 1. That the order is contrary to the decision of this court in the case of City of Cleveland v. Public Utilities Commission, 126 Ohio St. 210, 184 N.E. 851. 2. The jurisdiction of the commission is statutory only and the Motor Transportation Act excludes the commission of jurisdictio......
  • Erie R. Co. v. Pub. Utilities Comm'n of Ohio, No. 23815.
    • United States
    • United States State Supreme Court of Ohio
    • March 8, 1933
    ...are against the manifest weight of the evidence.’ In considering this assignment of error it is unnecessary to indulge in an extended [184 N.E. 851]discussion of the evidence. It is sufficient to observe that the findings of the commission and the transcript of the evidence both show repeat......
  • State, Ex Rel., v. Whartenby, 23793
    • United States
    • United States State Supreme Court of Ohio
    • February 23, 1933
    ...of ouster, was argued by counsel and submitted to the court; upon consideration whereof, said application is denied, for the reason [126 Ohio St. 210] that under the record the evidence shows that Vandenbark had removed from the district, within the meaning of Section 4748, General Code, an......
4 cases
  • Cleveland v. Pub. Util. Comm., 25801
    • United States
    • United States State Supreme Court of Ohio
    • March 18, 1936
    ...claim: 1. That the order is contrary to the decision of this court in the case of City of Cleveland v. Public Utilities Commission, 126 Ohio St. 210, 184 N. E., 851. 2. The jurisdiction of the commission is statutory only and the Motor Transportation Act excludes the commission of jurisdict......
  • City of Cleveland v. Pub. Utilities Comm'n of Ohio, No. 25801.
    • United States
    • Ohio Supreme Court
    • March 18, 1936
    ...claim: 1. That the order is contrary to the decision of this court in the case of City of Cleveland v. Public Utilities Commission, 126 Ohio St. 210, 184 N.E. 851. 2. The jurisdiction of the commission is statutory only and the Motor Transportation Act excludes the commission of jurisdictio......
  • Erie R. Co. v. Pub. Utilities Comm'n of Ohio, No. 23815.
    • United States
    • United States State Supreme Court of Ohio
    • March 8, 1933
    ...are against the manifest weight of the evidence.’ In considering this assignment of error it is unnecessary to indulge in an extended [184 N.E. 851]discussion of the evidence. It is sufficient to observe that the findings of the commission and the transcript of the evidence both show repeat......
  • State, Ex Rel., v. Whartenby, 23793
    • United States
    • United States State Supreme Court of Ohio
    • February 23, 1933
    ...of ouster, was argued by counsel and submitted to the court; upon consideration whereof, said application is denied, for the reason [126 Ohio St. 210] that under the record the evidence shows that Vandenbark had removed from the district, within the meaning of Section 4748, General Code, an......

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