Alabama Public Service Commission v. Hurtsboro Trucking Co.

Because I am of the opinion that the trial court did err in substituting its judgment for that of the APSC, I must dissent.

As this Court stated recently in Alabama Public Service Comm’n v. M.D. Weeks Trucking Co., 547 So.2d 531 (Ala.1989):

“When this Court reviews the judgment of a trial court setting aside an order of the APSC, it does so without any presumption as to the correctness of that judgment. Ross Neely Express, Inc. v. Hornady Truck Lines, Inc., 387 So.2d 782 (Ala.1980); Alabama Pub. Serv. Comm’n v. Consolidated Transp. Co., 286 Ala. 323, 239 So.2d 753 (1970). An order of the APSC…