MORITA v. PUB. UT. COM.

NO. 2978.

40 Haw. 579 (1954)

Charles S. MORITA, As an Individual, in His Own Behalf and On the Behalf of All Others Similarly Situated, and As Charles S. Morita, Doing Business As Charley's Taxi & U-Drive, in His Own Behalf and On the Behalf of All Others Similarly Situated, and Auto Rental Company, Limited, an Hawaiian Corporation, Doing Business As Gray Line Hawaii, On Its Own Behalf and On the Behalf of All Others Similarly Situated v. Public Utilities Commission of the Territory of Hawaii and Robert T. Williams, Jesse H. Kopp, Fred G. Manary, Leo G. Lycurgus and Masaru Shinseki, As Members of the Public Utilities Commission of the Territory of Hawaii.

Supreme Court of Hawaii.

Decided June 30, 1954.


Attorney(s) appearing for the Case

R.G. Dodge (Heen, Kai, Dodge & Lum on the briefs) for appellants.

J.G. Anthony (Robertson, Castle & Anthony on the brief) for appellee Honolulu Rapid Transit Co., Ltd.

R.K. Sharpless, Deputy Attorney General (also on the brief), for appellees Public Utilities Commission.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.


OPINION OF THE COURT BY STAINBACK, J.

This is an appeal from an order of the public utilities commission granting the application of the Honolulu Rapid Transit Company, Limited, to conduct a tour service on a schedule basis around the island of Oahu.

It is alleged that the applicant is a public utility as defined by section 4701, Revised Laws of Hawaii 1945, operating a transportation service in Honolulu pursuant to its franchise; that applicant had surveyed...

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