193 N.E. 620
No. 24846Supreme Court of Ohio.
Decided December 19, 1934.
Public Utilities Commission — Motor transportation companies — Rights of existing carriers preserved — Practically through and continuous service not established.
ERROR to the Public Utilities Commission.
Messrs. Foust Holden and Mr. D.H. Armstrong, for plaintiff in error.
Mr. John W. Bricker, attorney general, and Mr. Donald C. Power, for defendant in error.
It is ordered and adjudged by this court, that the order of the said Public Utilities Commission of Ohio be, and the same is hereby, affirmed for the reason that the record does not show the establishment of practically through and continuous service between Wooster and Akron, and therefore the granting of the certificate between Lodi and Akron, herein involved, is not in conflict with the pronouncement of this court i Dayton Xenia Motorbus Co. v. Public Utilities Commission, 115 Ohio St. 706, preserving the rights of existing carriers.
Order affirmed.
WEYGANDT, C.J., GARVER, HART, STEPHENSON, JONES and MATTHIAS, JJ., concur.
WILLIAMS, J., not participating.
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