State ex rel. Electric Co. v. Atkinson
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate; Judge. (1) The order of the Public Service Commission must be supported by substantial evidence; and if there is no subtantial evidence to support its orders and findings that the construction of a competing plant and the exercise of a franchise granted to it by the city are necessary and convenient for the public service, a certificate of convenience, and necessity cannot issue. Laws 1913, p. 610, sec. 72; State ex rel.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate; Judge. (1) The order of the Public Service Commission must be supported by substantial evidence; and if there is no subtantial evidence to support its orders and findings that the construction of a competing plant and the exercise of a franchise granted to it by the city are necessary and convenient for the public service, a certificate of convenience, and necessity cannot issue. Laws 1913, p. 610, sec. 72; State ex rel. Wabash Railroad Co. v. Public Service Com., 196 S. W. (Mo.) 369; Potter v. Board of Public Utility Commissioners, 98 Atl.…
1Opinion of the CourtBlair, J.
In Division Commissioner Roy filed an opinion as follows:
“On February 14, 1916, the Public Service Commission granted to the Western Power & Light Company, a corporation of St. Louis County, a certificate of public convenience and necessity to construct, maintain and operate an electric light and power system in the city of Maplewood in said county, under a franchise granted by said city. The Electric Company of Missouri, appellant herein, was a,n intervener in that *330proceeding; and, after such certificate was ordered to issue, it proceeded by certiorari in the circuit court of Cole County to…
2Cases cited1 opinion
- State v. CrosswhiteSupreme Court of Missouri · 1906
3Cited by17 opinions
- De Paul Hospital School of Nursing, Inc. v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1976
- Straube v. Bowling Green Gas Co.Supreme Court of Missouri · 1950
- State Ex Rel. City of Sikeston v. Public Service CommissionSupreme Court of Missouri · 1935
- Bosley v. QuigleyCourt of Appeals of Maryland · 1948
- State Ex Rel. Crown Coach Co. v. Public Service CommissionMissouri Court of Appeals · 1944
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