Erie R. Co. v. Pub. Utilities Comm'n of Ohio, No. 23815.

• Court: United States State Supreme Court of Ohio
• Writing for the Court: WEYGANDT
• Citation: 184 N.E. 849,126 Ohio St. 231
• Decision Date: 08 March 1933
• Docket Number: No. 23815.
• Parties: ERIE R. CO. et al. v. PUBLIC UTILITIES COMMISSION OF OHIO.

126 Ohio St. 231
184 N.E. 849

ERIE R. CO. et al.
v.
PUBLIC UTILITIES COMMISSION OF OHIO.

No. 23815.

Supreme Court of Ohio.

March 8, 1933.

Error to Public Utilities Commission.

Proceedings by the Erie Railroad Company and others for the revocation of a certificate of public convenience and necessity held by the Patton Motor Trucking Company. The Public Utilities Commission dismissed the complaint, and complainants bring error.-[By Editorial Staff.]

Order of Commission reversed, and cause remanded.

All five plaintiffs in error are common carriers who filed complaints with the defendant in error asking that it revoke certificate No. 303 held by the Patton Motor Trucking Company, a corporation. The two grounds upon which the revocation is sought are that the respondent has violated the motor transportation laws of Ohio and also the terms of its certificate.

On March 18, 1932, defendant in error issued the following interlocutory order:

‘This day after full hearing, due notice of the time and place of which was given to all parties in interest, this matter came on for consideration upon the complaint, the answer of the defendant, and the testimony and exhibits offered and introduced in evidence upon such hearing.

‘The commission, being fully advised in the premises, finds:

‘That the defendant, The George Patton Trucking Company is the holder of Certificate of Public Convenience and Necessity No. 303, which authorizes the operation of a motor transportation company, carrying property as a common carrier upon call, upon and over irregular routes to and from Akron, Ohio, in intrastate service, and Certificate No. 3021, which authorizes the operation of a motor transportation company carrying property, as a common carrier, in interstate commerce only, upon and over a regular route extending between the Ohio-Pennsylvania state line, near East Palestine, or Lowellville, and the Ohio-Michigan state line near Toledo, via Youngstown, Warren, Ravenna, salem, Canton, Akron, Medina, Cleveland, Norwalk, Fremont, Toledo and other intermediate points;

‘That the defendant on May 18th, 1931, in proceeding No. 6693, among other things, was formerly ordered by this Commission:

“To forthwith cease engaging in the practice of soliciting or accepting freight, the movement of which is inconsistent with the terms of Certificates 303 and 3021; to forthwith cease transporting property within Ohio at rates less than or different from the tariff rates voluntarily fixed in the schedules filed with this Commission; to establish a system of accounts and adequate records and charge to a specific certificate each movement of freight; to cease the regular employment of equipment not listed with or authorized to be used by this Commission and hereafter report promptly the use of equipment in cases of emergency or unusual temporary demands, such report to be accompanied by the proper fee.'

‘That the defendant has failed and neglected to comply with the said provisions of said order; and

‘That subsequent to said May 18th, 1931, the defendant established terminal facilities and branch offices in various cities in the state of Ohio for the purpose of maintaining regular service between points in Ohio without first obtaining from this Commission authority to maintain and operate such service.

‘The Commission, however, considering the recent reorganization of the managerial and operating departments of the defendant, the extended period in the past during which the defendant has provided and furnished transportation service for the public, the serious inconvenience which would be imposed upon that part of the public now being served by the defendant, and the representations and assurances of the defendant and its new manager that all services heretofore performed in contravention of the terms of Certificates 303 and 3021 will be immediately discontinued and all directions of the Commission hereafter strictly observed, as well as its assurance that in the future it will refrain...