Opinion
No. 35841
Decided May 20, 1959.
Motor transportation companies — Certificate of public convenience and necessity — Order of Public Utilities Commission issuing — Affirmed where not unlawful or unreasonable.
APPEAL from the Public Utilities Commission.
The A.A.A. Moving Storage Company filed an application for a certificate of public convenience and necessity authorizing it to operate as a motor transportation company in the transportation of household goods, office furniture and fixtures over irregular routes to and from Lake County. An attorney examiner recommended to the Public Utilities Commission the issuance of a certificate authorizing transportation over irregular routes to and from Painesville, Eastlake, Willowick, Wickliffe, Mentor, Mentor-on-the-Lake and Willoughby, all in Lake County.
Avellone, appellant herein and the operator of a motor transportation company, filed exceptions to the examiner's report. The commission adopted the report and recommendation of the examiner, found that public convenience and necessity for the transportation of household goods, office furniture and fixtures to and from the above-named points, with the exception of Willowick, existed and ordered Avellone to improve his service within 60 days.
Thereafter Avellone filed a compliance report on which a hearing was had before the examiner who found that Avellone had not complied with the 60-day order. The commission adopted the examiner's report with an amendment excepting Wickliffe and granted a certificate authorizing the operation by the applicant of a transportation company over irregular routes from and to Painesville, Eastlake, Mentor, Mentor-on-the-Lake and Willoughby.
An appeal from that order of the commission brings the cause to this court for review.
Messrs. George, Greek, King McMahon and Mr. James M. Burtch, Jr., for appellant.
Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Mr. Andrew R. Sarisky and Mr. Herbert T. Maher, for appellee.
Mr. Oliver H. Welf, Jr., and Messrs. Silber Soltz, for A.A.A. Moving Storage Company.
It does not appear from an examination of the record that the order of the Public Utilities Commission is against the manifest weight of the evidence or is otherwise unlawful or unreasonable. The order is, therefore, affirmed.
Order affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.