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Johnson v. Pub. Util. Comm

Supreme Court of Ohio
Jun 8, 1927
157 N.E. 475 (Ohio 1927)

Opinion

No. 20404

Decided June 8, 1927.

Public Utilities Commission — Motor transportation companies — Selection as between qualified applicants not unlawful or unreasonable, when — Certificates granted for benefit of public, and not recipient.

ERROR to the Public Utilities Commission.

Mr. M. D. Hughes, and Mr. Beecher W. Waltermire, for plaintiff in error.

Mr. Edward C. Turner, attorney general, and Mr. Albert M. Calland, for the Public Utilities Commission.

Mr. John F. Carlisle, for John F. Chadwell, Jr.


This is a controversy between the successful applicant for a certificate of convenience and necessity to operate a motor transportation company over a designated route, and the unsuccessful applicant for such certificate. Each of the parties hereto are, and at the time of the hearing before the Public Utilities Commission were, qualified to receive such certificate and to operate a motor transportation company over such route. Public convenience and necessity warranted the granting of a certificate.

This court has repeatedly declared that the Motor Transportation Act (Section 614-84 et seq., General Code), has for its object the securing of necessary and convenient motor transportation service to the public, and that the rights conferred upon the recipient of a certificate of convenience and necessity are only such as are incident to the accomplishing of such object, and are granted for the benefit of the public, and not for the benefit of the recipient of the certificate. Where, therefore, the Public Utilities Commission has made a selection between two or more persons, either or all of whom are qualified to efficiently serve the public, and has not abused its discretion in making such selection, its finding and order in that respect is neither unreasonable nor unlawful.

The finding and order of the commission is affirmed.

Order affirmed.

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


Summaries of

Johnson v. Pub. Util. Comm

Supreme Court of Ohio
Jun 8, 1927
157 N.E. 475 (Ohio 1927)
Case details for

Johnson v. Pub. Util. Comm

Case Details

Full title:JOHNSON v. PUBLIC UTILITIES COMMISSION OF OHIO

Court:Supreme Court of Ohio

Date published: Jun 8, 1927

Citations

157 N.E. 475 (Ohio 1927)
157 N.E. 475

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