East End Traction Co. v. Public Utilities Commission
East End Traction Co. v. Public Utilities Commission
Opinion of the Court
These two cases were heard together. Razzo and Sutton were denied a certificate of convenience and necessity over' the portion of the route applied for located between Struthers and Youngstown on the south side of the Mahoning river. The traffic of the Municipal Railway Company, south of the river, was therefore not affected by the order of the commission. Furthermore, the Municipal Railway Company operates entirely within municipal limits which are subject to municipal regulation.
The protest of the East End Traction Company, however, presents another phase. That line runs from the city of Youngstown through the cities of East Youngstown and Struthers to Lowellville, the portion of the route between Lowellville and Struthers being without any municipal limits. The certificate of public convenience and necessity granted to the applicants Razzo and Sutton the right to operate north of the Mahoning river from Youngstown to Lowellville, and the route was substantially parallel to the route of the traction company, except at points west of and near the village of Lowellville where the motor route somewhat deviated from the rail route of the East End Trac
The Municipal Bailway Company is operated under a franchise from the city of Youngstown, known as the “service at cost franchise”; the rate of fare being at the time of hearing 8 cents in cash, with seven tickets for 50 cents. We think that municipal regulations may safely be permitted to take care of the adequacy of service within the limits of these municipalities, and that the record fails to show that at the present time public convenience and necessity require additional operation
In case No. 19599, the order of the commission will be affirmed. ■ In case No. 19598, the order of the commission will be reversed, and the cause remanded to the commission for further proceedings in accordance with this opinion.
Order reversed in cause No. 19598.
Order affirmed in cause No. 19599.
Reference
- Full Case Name
- The East End Traction Co. v. Public Utilities Commission of Ohio The Youngstown Municipal Ry. Co. v. Public Utilities Commission of Ohio
- Status
- Published