Toledo, Bowling Green & Southern Traction v. Public Utilities

Decision Date21 June 1918
Docket Number15922
Citation98 Ohio St. 305,120 N.E. 835
PartiesThe Toledo, Bowling Green & Southern Traction Co. v. The Public Utilities Commission
CourtOhio Supreme Court

Public utilities commission - Jurisdiction - Interurban railways -Application for increased passenger fares - Before existing franchise-contract expires.

Facts are stated in the opinion.

Mr. J. W. Heintzman, for plaintiff in error. Mr. Joseph McGhee, attorney general, and Mr. C. A. Radcliffe, for defendant in error.

JOHNSON, J.

Plaintiff in error is a corporation organized and operated as an interurban railroad company between the cities of Toledo and Findlay, Ohio, passing through various municipalities and counties between those points. The plaintiff company consists of consolidations, and parts of roads acquired during a period of years, which roads were operated under grants by municipal councils and county commissioners.

Plaintiff in error filed its complaint with the public utilities commission, praying for an increase of rates fixed by the grants, upon the ground of their inadequacy. The city of Bowling Green filed a demurrer to the petition, which was sustained by the commission, and the complaint dismissed.

This cause was argued and submitted at the same time as the two cases immediately preceding it in this volume, the same questions were presented, and, for the reasons given in the written opinion upon which The Interurban Railway & Terminal Co. v. The Public Utilities Commission, ante, 287, was this day decided, the order of the commission in this case will be affirmed.

Order affirmed. NICHOLS, C. J., WANAMAKER, NEWMAN, MATTHIAS and DONAHUE, JJ., concur.

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2 cases
  • Wa-Wa-Yanda, Inc. v. Dickerson
    • United States
    • New York Supreme Court — Appellate Division
    • April 8, 1963
    ...3 A.L.R. 696; Mahoning etc. Ry. & Light Co. v. Public Utilities Comm., 98 Ohio St. 303, 120 N.E. 835; Toledo etc. Traction Co. v. Public Utilities Comm., 98 Ohio St. 305, 120 N.E. 835). In applying the foregoing authorities to the proceeding at bar, it seems clear that since the Town of Isl......
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    • United States
    • U.S. District Court — Northern District of Ohio
    • March 13, 1922
    ... ... Shenango Valley Traction Company ... The ... maximum distance ... rejected by, the Public Utilities Commission of Ohio, in so ... far as ... 267, 120 N.E ... 831, 3 A.L.R. 696; Toledo, Bowling Green & Southern ... Traction Co. v ... ...

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