State Ex Rel. North Carolina Utilities Commission v. Carolina Coach Co.

The judge below concluded that the Commission erred (1) in holding that the proceeding before it was tantamount to a hearing upon an application for a franchise and that the proposed through service should not be allowed in the absence of a showing by Carolina and Queen of “public convenience and necessity” or the essential elements thereof, such as public demand and positive need for the service, and (2) in that the findings of the Commission that the proposed service is “unduly competitive” and “not in the public interest” are not supported by competent, material and substantial evidence.

The…