Spontak v. Public Service Commission
Spontak v. Public Service Commission
Opinion of the Court
Opinion by
The Public Service Commission, after complaint duly filed and a full hearing, determined that the appellant was operating, as a common carrier, a motor vehicle, and ordered him to cease and desist from carrying on or engaging in said public service, until he shall have obtained from the commission a certificate of public convenience in approval thereof. The defendant appeals from that order.
The only question presented by this appeal is, was there competent evidence sufficient to warrant the finding that the appellant was operating his motor car in the carrying of passengers for hire in such a manner as to constitute him a common carrier? We are not called upon to pass on the weight of the evidence; it is not for
•The order is affirmed, and the appeal dismissed at costs of the appellant.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Public Service Company Law — Common carriers — Operating automobiles as common carriers — Evidence. On a complaint against an owner of an automobile who keeps his car standing upon the public streets and solicits passengers at a uniform charge of 25 cents per passenger carried, and during the time that he was operating his car, carried all passengers who applied, up to the limit of the capacity of the car, a finding of the Public Service Commission, holding him to be a common carrier and ordering him to cease from carrying passengers until he shall have obtained a certificate of public convenience, is reasonable and in conformity with law.