Opinion
No. 41138
Decided March 27, 1968.
Motor transportation companies — Application for contract carrier permit — Evidence — Need for additional service — Deficiency in existing service.
APPEAL from the Public Utilities Commission.
Dave Bruder, doing business as Bruder Cartage Company, filed an application with the Public Utilities Commission of Ohio for a permit to transport building supplies. Pursuant to Rule 1.04(d) of the Rules and Regulations of the Public Utilities Commission, a protestant appeared and became a party to the proceeding at the hearing held on the application and urged that the application be denied.
Upon consideration, the commission ordered the application denied, finding that neither the need for such a permit nor a deficiency in the service of the protesting carrier had been shown.
An application for rehearing having been denied by the commission, the cause is now before this court on appeal as a matter of right.
Mr. Bernard S. Goldfarb, for appellant.
Mr. William B. Saxbe, attorney general, and Mr. J. Philip Redick, for appellee.
Appellant's contention, that Rule 1.04 (d) of the Rules and Regulations of the Public Utilities Commission is invalid on the ground that it violates Section 16 of Article I of the Ohio Constitution and the Fourteenth Amendment to the United States Constitution is without merit.
Upon consideration of the record, this court holds that the order of the commission denying applicant's application is neither unreasonable nor unlawful. Section 4903.13, Revised Code; H. K. Motor Transportation, Inc., v. Pub. Util. Comm. (1939), 135 Ohio St. 145, 19 N.E.2d 956; Jones v. Pub. Util. Comm. (1943), 141 Ohio St. 237, 47 N.E.2d 780.
Therefore, the order of the Public Utilities Commission is affirmed.
Order affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.