Affiliated Service Corp. v. Public Utilities Commission

It is a well-established rule that a private carrier cannot be converted into a common carrier merely by legislative fiat. Frost & Frost Trucking Co. v. Railroad Commission of California, 271 U. S., 583, 46 S. Ct., 605, 70 L. Ed., 1101, 47 A. L. R., 457. The Ohio Motor Transportation Act does not attempt this; it defines a motor transportation company as applying to a person or corporation providing or furnishing transportation service, for hire, for the public in general. Section 614-84, General Code. It is a question of law for the courts to determine what constitutes a common carrier, but…