Ohio Contract Carriers Ass'n, Inc. v. Pub. Utilities Comm'n, Nos. 29025
| Court | Ohio Supreme Court |
| Writing for the Court | TURNER |
| Citation | 42 N.E.2d 758,140 Ohio St. 160 |
| Parties | OHIO CONTRACT CARRIERS ASS'N, Inc., v. PUBLIC UTILITIES COMMISSION (two cases). |
| Decision Date | 24 June 1942 |
| Docket Number | 29120.,Nos. 29025 |
140 Ohio St. 160
42 N.E.2d 758
OHIO CONTRACT CARRIERS ASS'N, Inc.,
v.
PUBLIC UTILITIES COMMISSION (two cases).
Nos. 29025, 29120.
Supreme Court of Ohio.
June 24, 1942.
Appeals from the Public Utilities Commission.
Proceedings before the Public Utilities Commission of Ohio wherein the Ohio Contract Carriers Association, Inc., was a party. From orders of the Commission, the Ohio Contract Carriers Association, Inc., takes two appeals, and the Commission moves to dismiss the appeals.-[Editorial Statement].
Motions sustained and causes dismissed
[42 N.E.2d 758]
Appeal lies only on behalf of a party aggrieved by the final order appealed from. Appeals are not allowed for the purpose of settling abstract questions, but only to correct errors injuriously affecting the appellant.
On February 3, 1942, the Public Utilities Commission of Ohio entered an amended order:
‘In the Matter of the Establishment During the Prosecution of the National Defense Program, or Such Other Period of Time as May Be Deemed Proper, of a Toledo Metropolitan Zone for the Operation of Service by Regular and Irregular Route Motor Transportation Companies Certificated to Transport Property.
‘Special Motor Transportation Docket No. 1.
‘Amended Order.’
Rehearing was denied by the commission and two appeals by the same appellant were taken to this court.
Appellant is an Ohio corporation not for profit, whose membership is composed of approximately ten per cent of the contract carriers by motor vehicle operating under permits issued by the Public Utilities Commission of Ohio. It does not hold any permit from the commission, nor does it appear that it is an owner of any stock or interest in any permit holder. It does not claim to represent any specific permit holder.
Appellee filed motions to dismiss the appeals because appellant is not the real party in interest and has suffered no loss or grievance from the order of the commission from which it has attempted to appeal.
Ralph W. Sanborn and Lyman Brownfield, both of Columbus, for appellant.
Thomas J. Herbert, Atty. Gen., and Kenneth L. Sater, Asst. Atty. Gen., for appellee.
[42 N.E.2d 759]
TURNER, Justice.
It is fundamental that appeal lies only on behalf of a party aggrieved. Unless an appellant can show that his rights have been invaded, no error is shown to have been committed by the court or body which entered the final order.
As stated in 2 American Jurisprudence, 941, Section 149:
‘It is a fundamental rule that to be entitled to institute appeal or...
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Bryan v. Chytil, 20CA3723
...Dist. Franklin No. 16AP-123, 2016-Ohio-7134, 2016 WL 5720391, ¶ 11, citing Ohio Contract Carriers Assn. v. Public Util. Comm. of Ohio, 140 Ohio St. 160, 161, 42 N.E.2d 758 (1942). "[L]ack of standing vitiates the party's ability to invoke the jurisdiction of a court" to hear an ac......
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The City of Riverside v. State , No. 10AP–126.
...been adversely affected, may appeal a judgment or order of a trial court. Ohio Contract Carriers Assn., Inc. v. Pub. Util. Comm. (1942), 140 Ohio St. 160, 161, 23 O.O. 369, 42 N.E.2d 758; Tschantz v. Ferguson (1989), 49 Ohio App.3d 9, 13, 550 N.E.2d 544. Appeals are allowed only to correct ......
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Motorists Mut. Ins. Co. v. Ironics, Inc., 2020-0306
...only that the party have been aggrieved by the final order that is being appealed. See Ohio Contract Carriers Assn. v. Pub. Util. Comm., 140 Ohio St. 160, 42 N.E.2d 758 (1942), syllabus; In re Application of Suburban Natural Gas Co., ___Ohio St.3d___, 2021-Ohio-3224, ___N.E.3d___, ¶ 42 (the......
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State v. Bates, 2020-0255
..."It is fundamental that appeal lies only on behalf of a party aggrieved," Ohio Contract Carriers Assn. v. Pub. Util. Comm. , 140 Ohio St. 160, 161, 42 N.E.2d 758 (1942), and for the purpose of "correct[ing] errors injuriously affecting the appellant," id. at syllabus. Se......
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Bryan v. Chytil, 20CA3723
...Dist. Franklin No. 16AP-123, 2016-Ohio-7134, 2016 WL 5720391, ¶ 11, citing Ohio Contract Carriers Assn. v. Public Util. Comm. of Ohio, 140 Ohio St. 160, 161, 42 N.E.2d 758 (1942). "[L]ack of standing vitiates the party's ability to invoke the jurisdiction of a court" to hear an action. Bank......
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The City of Riverside v. State , No. 10AP–126.
...been adversely affected, may appeal a judgment or order of a trial court. Ohio Contract Carriers Assn., Inc. v. Pub. Util. Comm. (1942), 140 Ohio St. 160, 161, 23 O.O. 369, 42 N.E.2d 758; Tschantz v. Ferguson (1989), 49 Ohio App.3d 9, 13, 550 N.E.2d 544. Appeals are allowed only to correct ......
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Motorists Mut. Ins. Co. v. Ironics, Inc., 2020-0306
...only that the party have been aggrieved by the final order that is being appealed. See Ohio Contract Carriers Assn. v. Pub. Util. Comm., 140 Ohio St. 160, 42 N.E.2d 758 (1942), syllabus; In re Application of Suburban Natural Gas Co., ___Ohio St.3d___, 2021-Ohio-3224, ___N.E.3d___, ¶ 42 (the......
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State v. Bates, 2020-0255
...203 {¶ 20} "It is fundamental that appeal lies only on behalf of a party aggrieved," Ohio Contract Carriers Assn. v. Pub. Util. Comm. , 140 Ohio St. 160, 161, 42 N.E.2d 758 (1942), and for the purpose of "correct[ing] errors injuriously affecting the appellant," id. at syllabus. See also St......