ERIE RD. CO. v. P. U. C., 123 Ohio St. 682 (1931)

177 N.E. 766

ERIE RD. CO. v. PUBLIC UTILITIES COMMISSION OF OHIO. NEW YORK CENTRAL RD. CO. v. PUBLIC UTILITIES COMMISSION OF OHIO.

Nos. 22604 and 22607Supreme Court of Ohio.
Decided March 25, 1931.

Public Utilities Commission — Motor transportation companies — Interstate operations — Publication of notice of application not required — Proof of public convenience and necessity not necessary — Compliance with commission’s rules and regulations, state laws and municipal ordinances, sufficient.

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ERROR to the Public Utilities Commission.

Messrs. Wilson Rector, for plaintiff in error in cause No. 22604.

Mr. C.T. Lewis, Jr., for plaintiff in error in cause No. 22607.

Mr. Gilbert Bettman, attorney general, and Mr. T.J. Herbert, for defendant in error.

The court affirms the finding of the Public Utilities Commission for the reason that in operations of a purely interstate character publication of notice of the filing of the application is not required, nor is proof necessary that there is any public convenience and necessity to be served; and for the further reason that the commission is without power to prevent the establishment and operation of a purely interstate route so long as there is a compliance with all rules and regulations of the commission and of the terms and conditions of such interstate certificate and all state laws and municipal ordinances as to the use of the streets and highways by an applicant for such purely interstate operation, all of which applicant has done and offers and promises to do in the future.

The finding of the commission is therefore not unreasonable nor unlawful, and the same is hereby affirmed.

Order affirmed.

MARSHALL, C.J., JONES, DAY and KINKADE, JJ., concur.

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