Opinion
February 13, 1951.
Petition for review from the Florida Railroad and Public Utilities Commission.
Martin Sack, Jacksonville, for petitioner.
Lewis W. Petteway, Guyte P. McCord, Jr., Tallahassee, and D. Fred McMullen, Tampa, for respondent.
The Petroleum Carrier Corporation filed its petition in this Court for a writ of certiorari in which it contended that the Florida Railroad and Public Utilities Commission failed and otherwise omitted to proceed according to the essential requirements of law incident to the entry of a final judgment which denied it a certificate of convenience and necessity for the use of its trucks over described portions of the public highways of the State of Florida.
We have given careful consideration to all the testimony adduced by the respective parties as taken before the Railroad Commission. It was the Railroad Commission's view and conclusion, based on the evidence before it, that the showing made by the petitioner of public convenience and necessity as required by Subsection (3) of Section 323.03, F.S.A., was legally insufficient. We find in the transcript disputes and conflicts in the evidence which the Commission, under the law, has the right and power to adjudicate. We fail to find error in the record. See Central Truck Lines, Inc. v. Railroad Commission, 118 Fla. 555, 160 So. 26; Florida Motor Lines v. Railroad Commissioners, 100 Fla. 538, 129 So. 876; Seaboard Air Line Ry. Co. v. Wells, 100 Fla. 1631, 131 So. 777, and similar cases.
The petition for writ of certiorari is denied.
SEBRING, C.J., ADAMS and ROBERTS, JJ., concur.