Commonwealth ex rel. Kentucky Railroad Commission v. Railway Express Agency

HILL, Judge.

This is an appeal from the judgment of the Franklin Circuit Court setting aside an order of the Kentucky Railroad Commission directing the Express Agency to continue the operation of its Morganfield, Kentucky, express office.

This opinion will refer to the appellants as the Commission; to the appellee as the Agency.

The Agency gave proper notice of its proposed intention to consolidate its Morgan-field office with its Evansville-Henderson office. No written protest was filed thereto. Notwithstanding the absence of protest, the Commission proceeded to hold hearings on the proposal,…