COLUMBUS v. P. U. C. O.

No. 38051.

176 Ohio St. 42 (1964)

CITY OF COLUMBUS ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 18, 1964.


Attorney(s) appearing for the Case

Mr. John C. Young, city attorney, Mr. Alba L. Whiteside, Mr. William J. Melvin and Mr. C. Howard Johnson, Jr., for appellant city of Columbus.

Mr. Bronis J. Klementowicz, director of law, and Mr. James Harkens, for appellant city of Cleveland.

Mr. Paul J. Doppes, for appellant city of Cincinnati.

Mr. James W. Drake, for appellant city of Dayton.

Mr. J. McIntosh, for appellant city of Middletown.

Mr. H. Lloyd Jones, city attorney, for appellant city of Delaware.

Mr. John Berger, Jr., city solicitor, for appellant city of Crestline.

Mr. Charles H. Jones, for appellant city of Hamilton.

Mr. William B. Saxbe, attorney general, Mr. Andrew R. Sarisky and Mr. Jay C. Flowers, for appellee.


Per Curiam.

Permission to diminish passenger train service is within the sound discretion of the commission, and this court will not interfere with that discretion unless there has been an abuse thereof.

Much evidence was offered before the board, some of which is conflicting. In such a case, it is not the function of this court to substitute its judgment for that of the board on factual issues, but only to determine from an examination of the record...

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