Boak v. Public Utilities Commission

The only matter before this court at this time is the appeal of Boak.

The first contention of the appellant is founded on a claim of waiver and estoppel. He bases his claim in the main upon the doctrine of election of remedies. When the first order — the order for the improvement of service — was made, the protestan! had one legal remedy, the right of appeal. When the second order —the order denying- Boak’s application for á certificate — was made, the protestan! was not aggrieved and sought no remedy. Under such circumstances there could have been no election, for protestant never had a…