SCHWERMAN TRUCKING CO. v. PUB. UTIL. COMM.

No. 40725.

10 Ohio St. 2d 253 (1967)

SCHWERMAN TRUCKING CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 7, 1967.


Attorney(s) appearing for the Case

Messrs. George, Greek, King & McMahon and Mr. A. Charles Tell, for appellant.

Mr. William B. Saxbe, attorney general, Mr. J. Philip Redick and Mr. Langdon D. Bell, for appellee.


TAFT, C.J.

So far as pertinent, the final order of the Public Utilities Commission reads:

"Section 4921.10, Revised Code, imposes upon an applicant for a certificate, the burden of establishing not only a public convenience and necessity for the authority sought, but the additional duty of proving by sufficient probative evidence, that the service furnished or available from existing transportation facilities in the territory is not reasonably adequate. This...

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