Columbus & Southern Ohio Elec. Co. v. Pub. Utilities Comm'n, No. 30535.

CourtUnited States State Supreme Court of Ohio
Citation146 Ohio St. 477,66 N.E.2d 537
Docket NumberNo. 30535.
PartiesCOLUMBUS & SOUTHERN OHIO ELECTIC CO. v. PUBLIC UTILITIES COMMISSION.
Decision Date24 April 1946

146 Ohio St. 477
66 N.E.2d 537

COLUMBUS & SOUTHERN OHIO ELECTIC CO.
v.
PUBLIC UTILITIES COMMISSION.

No. 30535.

Supreme Court of Ohio.

April 24, 1946.


Appeal from Public Utilities Commission.

Proceeding by Frank A. Cluff, doing business as the Columbus-Celina Coach Lines, before the Public Utilities Commission for a certificate of public convenience and necessity authorizing applicant to operate motor vehicles for the transportation of passengers, opposed by the Columbus & Southern Ohio Electric Company and another. From an order granting certificate of public convenience and necessity, the named opponent appeals.-[Editorial Statement.]

Reversed.

[66 N.E.2d 537]

Frank A. Cluff, doing business as Columbus-Celina Coach Lines, filed with the Public Utilities Commission of Ohio his application for a certificate of public convenience and necessity authorizing him to operate motor vehicles for the transportation

[66 N.E.2d 538]

of passengers on and over a route therein described which begins a few hundred feet north of the city of Upper Arlington, passes through that city and the city of Grandview Heights and terminates in the city of Columbus. The allowance of such application was protested by the Columbus & Southern Ohio Electric Company and also by the city of Upper Arlington. The Columbus & Southern Ohio Electric Company operates motor busses from Columbus, through Grandview Heights and Marble Cliff into Upper Arlington and return.

In the hearing before the commission, the Columbus & Southern Ohio Electric Company, by appropriate motions, sought to limit the evidence tendered by the applicant for the purpose of showing public convenience and necessity for the service which he seeks to have authorized, and urged the rejection of testimony relative to the necessity for such transportation service between the municipalities of Upper Arlington, Grandview Heights and Columbus on the grounds that the complete ride of such passengers is wholly within the territorial limits of a municipality, or within such limits and the territorial limits of a municipal corporation immediately contiguous thereto, and that in such a situation the commission whs without authority to determine the adequacy or inadequacy of such transportation which is entirely intramunicipal.

The commission found that the protests of both the Columbus & Southern Ohio Electric Company and the city of Upper Arlington were not well founded and overruled them, and thereupon issued to the applicant a certificate of public convenience and necessity, authorizing operation of his motor vehicles for the transportation of passengers over the route described in the application with no limitations or restrictions upon the applicant's right to receive and discharge passengers within the municipalities of Upper Arlington, Grandview Heights and Columbus.

An appeal was perfected to this court by the Columbus & Southern Ohio Electric Company from the order of the Public Utilities Commission.

Burr, Porter, Stanley & Treffinger and Ralph E. Weaver, all of Columbus, for appellant.

Hugh S. Jenkins, Atty. Gen., and Harry G. Fitzgerald, Jr., of Columbus, for appellee.


BY THE COURT.

The Public Utilities Commission filed a motion to dismiss the appeal of the Columbus & Southern Ohio Electric Company, the ground upon which such motion was based being that ‘said company is not a proper party, not a real party in interest (affected by the order of the commission), and has suffered no loss or grievance from the order of the commission * * *.’

A consideration of this motion requires a statement of some of the facts developed at the hearing, which are not in controversy. The city of Upper Arlington is on the northern...

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