Cont. Freight Co. v. P. U. C.

• Decision Date: 14 December 1932
• Docket Number: 23613
• Citation: 183 N.E. 790,126 Ohio St. 16
• Parties: The Continental Freight Forwarding Co. v. Public Utilities Commission Of Ohio Et Al.
• Court: Ohio Supreme Court

183 N.E. 790

126 Ohio St. 16

The Continental Freight Forwarding Co. v. Public Utilities Commission Of Ohio Et Al.

No. 23613

Supreme Court of Ohio

December 14, 1932

Public Utilities Commission -- Error proceedings to Supreme Court -- Finding and order not disturbed unless against manifest weight of evidence -- Motor transportation companies -- Evidence that private interests subserved, insufficient to require granting certificate -- Both public convenience and necessity to be proved -- Such proof not dispensed with, by tendering through service, etc. -- Inadequacy of existing service not proved by proposing service over virgin route.

1. The court will not disturb the finding and order of the Public Utilities Commission of Ohio unless such finding and order is against the manifest weight of the evidence. (Lykins v Public Utilities Commission, 115 Ohio St. 376, 154 N.E 249, approved and followed.)

2. Evidence that certain private interests may be subserved by the granting of a certificate of necessity and public convenience is not of itself of such persuasive nature as to require the Public Utilities Commission of Ohio to issue such certificate. (Lima-Toledo Railroad Co. v. Public Utilities Commission, 121 Ohio St. 421, 169 N.E. , 445, approved and followed.)

3. Proving public convenience is not enough. Necessity must be proven in addition thereto before the Public Utilities Commission can be required to issue its certificate. (Canton-East Liverpool Coach Co. et al. v. Public Utilities Commission, 123 Ohio St. 127, 174 N.E. , 244, approved and followed.)

4. The tender of through service, later hours of departure and earlier hours of arrival, do not dispense with the proof of public convenience and necessity. (Lima-Toledo Railroad Co v. Public Utilities Commission, 121 Ohio St. 421, 169 N.E 445, approved and followed.)

5. The fact that the proposed service would be conducted over a virgin route, does not tend to prove the inadequacy of the present service over other routes between the same termini. The inadequacy of the present service must be established else there could be no necessity for additional service. (McLain v. Public Utilities Commission, 110 Ohio St. 1, 143 N.E. , 381, approved and followed.)

Prior to May 13, 1932, the Continental Freight Forwarding Company of Cincinnati, Ohio, made an application to the Public Utilities Commission of the State of Ohio for a certificate of public convenience and necessity to operate a motor transportation line between Cincinnati, Ohio, and Cleveland Ohio, over Ohio-United States Route No. 42, for the purpose of carrying freight. On May 13, 1932, the Public Utilities Commission denied this application, on the ground that existing transportation facilities provide and furnish adequate service between said termini and that applicant has not proven that the public convenience and necessity require its proposed service. Applicant excepted to this order, and its exceptions were noted of record.

On June 1, 1932, applicant made an application to the Public Utilities Commission for a rehearing, assigning eight distinct grounds therefor, and on the same day the application for rehearing was denied, and applicant excepted to this ruling.

Petition in error is filed here by applicant to reverse the finding and order of the Public Utilities Commission, claiming in general that the finding and order is arbitrary, unreasonable, and unlawful.

Mr. Herbert Baker, Mr. Coleman Avery, and Mr. D. W. Iddings, for plaintiff in error.

Mr Gilbert Bettman, attorney general, Mr. T. J. Herbert, Mr. C. T. Lewis, Jr., Mr. Andrew D. Rodgers, Jr., Mr. H. C. Weaver, Mr. J. P. Canney, ...