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B. O. RD. CO. v. P.U.C

Supreme Court of Ohio.
Jun 17, 1953
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Public Utilities Commission — Railroads — Abandonment of passenger train service — Public no longer makes efficient use of service — Other means of transportation available and used — Trains operated at loss — Crew wages alone exceeds gross revenue — Commission's order denying application unreasonable and unlawful.

Per Curiam.

From a consideration of all the evidence offered on behalf of the application, together with the facts that no evidence was offered in opposition to the application, and that no municipality or community which would be affected by a discontinuance of passenger train service made any protest or entered an appearance, this court is of the opinion that the order of the commission is unwarranted, unreasonable and unlawful.

The order of the commission is reversed.

Order reversed.

WEYGANDT, C.J., MIDDLETON, TAFT, MATTHIAS, HART and STEWART, JJ., concur.

ZIMMERMAN, J., not participating.