Schwerman Trucking Co. v. Public Utilities Commission

So far as pertinent, the final order of the Public Utilities Commission reads:

“Section 4921.10, Revised Code, imposes upon an applicant for a certificate, the burden of establishing not only a public convenience and necessity for the authority sought, but the additional duty of proving by sufficient probative evidence, that the service furnished or available from existing transportation facilities in the territory is not reasonably adequate. This duty remains constant, despite the fact that a given proceeding may be unprotested. Here, the applicant’s evidence sustained a need for the service…