ERIE-LACKAWANNA RD. CO. v. PUBLIC UTILITIES COMMISSION OF OHIO

No. 41330.

18 Ohio St. 2d 112 (1969)

ERIE-LACKAWANNA RD. CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided May 21, 1969.


Attorney(s) appearing for the Case

Mr. Wallace R. Steffen, for appellant.

Mr. J. Philip Redick, Mr. I. Charles Rhoads and Mr. Harry R. Paulino, for appellee.


Per Curiam.

The dispositive contention of the appellant is that the "finding" in the order of the commission that the project is "reasonably necessary and expedient" is not supported by the evidence. The findings of fact upon which the commission based its order can be found only in the examiner's report, which is incorporated by reference in the commission's order.

The Director of Highways has the burden of proof and must establish, by a preponderance...

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