CITY OF CLEVELAND v. PUB. UTIL. COMM., 126 Ohio St. 210 (1932)

184 N.E. 851

CITY OF CLEVELAND ET AL. v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL.

No. 23762Supreme Court of Ohio.
Decided December 21, 1932.

Public Utilities Commission — Motor transportation companies — Extension of route wholly within municipal limits — Jurisdiction.

ERROR to the Public Utilities Commission.

Mr. W. George Kerr, director of law, and Mr. Henry S. Brainard, for plaintiff in error City of Cleveland.

Messrs. Squire, Sanders Dempsey, Mr. H.J. Crawford and Mr. Frank Harrison, for plaintiff in error The Cleveland Ry. Co.

Messrs. Henderson, Burr, Randall Porter and Mr. Andrew D. Rodgers, Jr., for plaintiff in error, The Pennsylvania Rd. Co.

Mr. Gilbert Bettman, attorney general, Mr. T.J. Herbert an Mr. W.C. Blackmore, for defendants in error.

It is ordered and adjudged by this court that the order of the said Public Utilities Commission of Ohio granting the operation of a bus from 93rd street in Cleveland to the public square in said city be, and

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the same is hereby reversed, for the reason that said order authorizes the operation of a bus line wholly within the limits of the city of Cleveland, which operation, wholly within the city, was not involved in a previous order issued in favor of the applicants, nor contemplated thereby, and the consent of the city of Cleveland not having been obtained.

Order reversed.

MARSHALL, C.J., JONES, MATTHIAS, DAY, ALLEN and STEPHENSON, JJ., concur.

KINKADE, J., not participating.