Eager v. Public Utilities Commission

Ohio Supreme Court
Eager v. Public Utilities Commission, 3 Ohio Law. Abs. 764 (Ohio 1925)
Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson

Eager v. Public Utilities Commission

Opinion of the Court

ROBINSON, J.

1. Where an applicant for a certificate of convenience and necessity to operate a motor transportation service over a highway in Ohio to a point beyond the state line, disclaims any desire to receive a certificate to render an exclusively interstate transportation service, lie will not bo heard to complain that the denial of a certificate to render an intrastate transportation service interferes With interstate commerce.

2. In determining whether public necessity and convenience require motor transportation service over a highway in this state, the Public Utilities Commission will be governed by proof of conditions existing in the territory to be served, rather than by the consensus of opinions expressed by witnesses that a necessity exists.

Order affirmed.

Marshall, CJ., Jones, Matthias, Day, Allen and Kinkade, JJ., concur.

Reference

Full Case Name
Frank Eager, Jr. Bryan, Ohio v. The Public Utilities Commission of Ohio
Status
Published