Pinson Transfer Co. v. McDuffee Motor Freight, Inc.

PALMORE, Judge.

Pinson Transfer Company, Inc., appeals from a judgment of the Franklin Circuit Court setting aside an order of the Department of Motor Transportation granting its application for a common carrier truck certificate to extend its operations beyond the scope of an existing certificate theretofore issued to it.

The broad requirements of KRS 281.-630(1) for the granting of a common carrier certificate are: (1) that the appellant is fit, willing, and able properly to perform the service proposed, (2) that the *690existing transportation service is inadequate, (3) that the proposed service…