State Ex Rel. Inman Freight System, Inc. v. Public Service Commission

WASSERSTROM, Chief Judge.

The question for determination here is whether the Public Service Commission properly granted a certificate of public convenience and necessity as a common carrier to W-K Warehouse & Delivery Service, Inc. (W-K). On a petition for review, the cir cuit court held in the negative. We reverse.

W-K is solely owned by its president, Carl H. Kastner. Kastner has been engaged in the trucking industry for twenty-five years, twenty of which was as a truck driver. He began his own trucking business in 1971, and the business was incorporated in 1974. The corporation at the time…