177 N.E. 209
No. 22788Supreme Court of Ohio.
Decided June 3, 1931.
Public Utilities Commission — Motor transportation companies — Extension of certificated route granted — Restriction imposed to prevent duplication of local service — Existing service protected and maintenance of service insured.
ERROR to the Public Utilities Commission.
This case arises as an error proceeding to an order of the Public Utilities Commission in the matter of the application of the Chillicothe-Hillsboro Stages, Inc., for an extension of its certificate No. 481 from Hillsboro to Cincinnati, and in the matter of the application of Buckeye Stages, Inc., for an extension of certificate No. 234 from Vera Cruz to United States Route No. 50, via Newtonsville.
The order of the Public Utilities Commission reads as follows:
“Buckeye Stages, Inc., now the holder and operator of Certificate No. 234 which authorizes the transportation of persons between Hillsboro and Cincinnati via Owensville, seeks authority to extend this Certificate from Vera Cruz via Newtonsville to the intersection of State and U.S. Routes 131 and 50 near Milford.
“From the evidence, it is found that the service proposed by this applicant is required by the public convenience and necessity.
“The Chillicothe-Hillsboro Stages, Inc., now the holder of Certificate No. 481, which authorizes the transportation of persons between Chillicothe and Hillsboro via Rainsboro and Bainbridge, seeks an
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extension to this certificate from Hillsboro to Cincinnati via Fayetteville, Vera Cruz, Newtonsville and Milford.
“During the time this service between Chillicothe and Hillsboro has been maintained, the people residing along the route relying on the continuance of such service, have readjusted both their personal and business relationships. The fact that the denial of this application will most probably result in the abandonment of the service now provided these people must be faced. Had the commission been aware of this situation, it would have several months ago denied the application of Motor Transit, Inc., which company is now providing through uninterrupted service between Cincinnati and Chillicothe via Greenfield and Blanchester. The establishment of this limited service has taken practically all the transfer business from the Chillicothe-Hillsboro Stages, Inc., and made such operation unprofitable.
“We recognize our duty to protect the existing motor transportation companies against unfair competition, but we are also aware of our obligation to protect the public relying upon this commission to safeguard transportation service necessary to its welfare. With these obligations in mind, the question is whether or not a possible loss to Motor Transit, Inc., and Buckeye Stages, Inc., outweighs the most probable deprivation of service to those people residing along the route which extends between Chillicothe and Hillsboro via Rainsboro, Bainbridge, Boston, Dallas, and Bourneville.
“In our opinion, the public convenience and necessity require the granting of authority to the Hillsboro-Chillicothe Stages, Inc., to transport passengers
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between Chillicothe and Cincinnati. There has been shown no need, however, for a duplication of local service between Hillsboro and Cincinnati. This service now provided must therefore be found reasonably adequate. By imposing a restriction in the amended certificate which will issue to Chillicothe-Hillsboro Stages, Inc., prohibiting the transportation of passengers whose entire ride is between Hillsboro and Cincinnati, both Buckeye Stages, Inc., will be protected, and the maintenance of service by the Chillicothe-Hillsboro Stages, Inc., between Chillicothe and Hillsboro, will be insured.
“It is therefore our finding that the public convenience and necessity requires the granting of the application of Buckeye Stages, Inc., as applied for, and the granting of the application of the Chillicothe-Hillsboro Stages, Inc., conditioned that no persons be transported whose entire ride is between Hillsboro and Cincinnati.”
Mr. Ralph Sanborn and Mr. Beecher W. Waltermire, for plaintiffs in error.
Mr. Gilbert Bettman, attorney general, and Mr. T.J. Herbert, for defendant in error.
Mr. D.H. Armstrong, for the Chillicothe-Hillsboro Stages, Inc.
BY THE COURT (ALLEN, J.).
The commission has found that the extension of route granted to the Chillicothe-Hillsboro Stages, Inc., is required by public convenience and necessity. This finding is amply sustained by the evidence. The question which confronts us, hence, is not that of the extension of a certificate where the public convenience and
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necessity does not require the extension. Since upon hearing it is shown that the instant order will safeguard essential transportation service between Hillsboro and Chillicothe, where the operation of the Chillicothe-Hillsboro Stages, Inc., is the only transportation service, and will also establish this new service between Vera Cruz and Milford via Newtonsville, required by the public convenience and necessity, the commission has not exceeded its powers. Buckeye Stages, Inc., has never operated over Route No. 131 between Vera Cruz and Milford. The possible curtailment of traffic to Buckeye Stages, Inc., on the through route, is obviated by proper restrictions.
Buckeye Stages, Inc., criticizes the final form of restriction established, amending the restriction originally set forth in the order. The final restriction reads as follows: “Conditioned that no persons be transported whose entire ride is between Hillsboro and Cincinnati, nor between Hillsboro and the intersection of U.S. Route No. 50 and Ohio State Route No. 131, nor between Milford and Cincinnati.”
Since State Route No. 131 intersects United States Route No. 50, both at Vera Cruz and at Milford, this criticism is justified.
We therefore affirm the order, but remand the case to the Public Utilities Commission for a more specific statement of the limitations to be imposed upon transportation over the route granted.
Order affirmed.
MARSHALL, C.J., JONES, MATTHIAS, DAY and KINKADE, JJ., concur.
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