Opinion
No. 29382
Decided June 23, 1943.
Supreme Court — Dismissal — Moot question — Motor transportation company — Contract carrier permit.
APPEAL from the Public Utilities Commission.
Trans-Service, Inc., applied to the Public Utilities Commission for a private or contract motor carrier permit authorizing the transportation of property for three shippers located in Coshocton, and accompanied the application with contracts obtained from the three shippers.
Commercial Motor Freight, Inc., and White Transportation Company, certificated common carriers, protested the allowance of the application.
The commission granted a permit, protestants prosecuted appeal to this court and the cause was submitted after oral argument.
Thereafter the appellee filed all application to dismiss the appeal, supporting the application with an affidavit that Trans-Service, Inc., had surrendered its rights under its permit and an order had been entered upon the records of the commission revoking the permit and prohibiting furnishing service thereunder.
Mr. Noel F. George and Mr. E.J. Shover, for appellants.
Mr. Thomas J. Herbert, attorney general, and Mr. Kenneth L. Sater, for appellee.
This cause is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.
Cause dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN and BELL, JJ., concur.
WILLIAMS and TURNER, JJ., not participating.