Commercial Motor Freight v. Public Utilities Commission, 32084
| Decision Date | 12 December 1951 |
| Docket Number | No. 32084,32084 |
| Citation | 156 Ohio St. 360,46 O.O. 210,102 N.E.2d 842 |
| Parties | , 46 O.O. 210 COMMERCIAL MOTOR FREIGHT, Inc. v. PUBLIC UTILITIES COMMISSION. |
| Court | Ohio Supreme Court |
Syllabus by the Court.
1. Before granting an additional certificate for operation as a motor transportation company over routes already served by a previously certificated motor transportation company, the Public Utilities Commission must give such previously certificated motor transportation company not only a 'reasonable time not less than 60 days to provide' reasonably adequate service, but also a reasonable opportunity to know at least what service the commission considers as 'reasonably adequate,' or in what respects the existing service is not reasonably adequate.
2. The Public Utilities Commission must comply with the provisions of Section 614-46a, General Code; and a summary of the testimony of each witness and a statement of the ultimate conclusions reached does not constitute the r esume of the facts required by Section 614-46a, General Code.
3. The General Assembly did not intend the Supreme Court to perform the same functions and duties as the Public Utilities Commission but it did intend that the Supreme Court should determine whether the facts found by the Public Utilities Commission lawfully and reasonably justified the order of that commission and whether the evidence presented to the commission as found in the record supported the essential findings of fact made by the commission.
Duff Truck Line, Inc., herein referred to as Duff, applied to the Public Utilities Commission of Ohio for a certificate to operate as a motor transportation company over regular routes between Lima and Columbus. These routes were and are served by another certificated motor transportation company, the Commercial Motor Freight, Inc., herein referred to as appellant. Appellant appeared as a protestant before commission and opposed Duff's application.
The commission made an order determining 'that the public convenience and necessity require the service sought to be furnished by the applicant; * * * that the services of protestant Commercial Motor Freight, Inc., are not reasonably adequate and that under the provisions of Section 614-87 of the General Code of Ohio, a 60-day notice should be issued to the said Commercial Motor Freight, Inc., to improve its service under certificate No. 300,' and 'ordered that a period 60 days be * * * given the said Commercial Motor Freight, Inc., within which to expand its present operations to provide such additional service upon and over the routes which it now serves * * * and a period of five days thereafter within which to report to this commission thereupon, else the application herein shall be granted.'
The cause is now before this court on an appeal by appellant from the foregoing order of the Public Utilities Commission.
Elber J. Shover and Robert N. Krier, Columbus, for appellant.
Herbert S. Duffy, Atty. Gen., Kenneth B. Johnston and Herbert F. Baker, Columbus, for appellee.
The General Assembly has clearly expressed the policy of this state with respect to the granting of certificates for the operation of motor transportation companies over routes already served by previously certificated carriers and has clearly stated to the commission the limitation on its power to grant such additional certificates.
For example, Section 614-87, General Code, reads in part:
'The commission shall have the power, after notice and hearing, when the applicant requests a certificate to serve in a territory already served by a motor transportation company holding a certificate of public convenience and necessity from the commission, to grant a certificate only when the existing motor transportation company or companies serving such territory do not provide the service required or the particular kind of equipment necessary to furnish such service to the satisfaction of the commission * * *.
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'before granting any certificate the commission shall take into consideration other existing...
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