Union Pacific Railroad v. Public Service Commission

GUTHRIE, J.,

with whom McEWAN, J., joins (concurring).

I concur in the result herein with some reluctance. This is based upon that portion of the opinion which sets out that the carrier has failed to support its burden of proof of the lack of public necessity and convenience. Further, because some relief was granted herein and that it is impossible for this writer or any person to determine the effect of such modification and the agency may become profitable and properly serve the public convenience and necessity by operations during this limited period.

The writer does, however, find from an…