Opinion
No. 73-476
Decided December 19, 1973.
Public Utilities Commission — Certificate of public convenience and necessity — Order not interfered with, when — Not unreasonable or unlawful.
APPEAL from the Public Utilities Commission.
Appellant was a protestant to an application by A.L. Smith, doing business as A.L. Smith Trucking Co., for a certificate to operate as a common carrier hauling farm products from and to Mercer, Darke and Miami counties.
After a report by an attorney examiner, hearings and rehearings, the commission found that a public convenience and necessity had been established by the applicant.
The cause is now before this court upon an appeal from the order of the Public Utilities Commission.
Beery Kirk Co., L.P.A., and Mr. Edward R. Kirk, for appellant.
Mr. William J. Brown, attorney general, Mr. Keith F. Henley and Mrs. Cheryl H. Keith, for appellee.
Messrs. Sanborn, Brandon Duvall and Mr. James Duvall, for appellee A.L. Smith Trucking.
The contention of appellant is essentially that the order of the Public Utilities Commission is not supported by the evidence.
Applications for certificates of public convenience and necessity are matters to be determined by the Public Utilities Commission. This court will not interfere with decisions of the commission unless they are unreasonable or unlawful.
After a hearing and consideration of the record and evidence in this case, it is the opinion of this court that the order of the Public Utilities Commission was neither unreasonable nor unlawful, and it is, therefore, affirmed.
Order affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.