Southern California Freight Lines v. Public Utilities Commission

Good Law
1950 Cal. LEXIS 366·35 Cal. 2d 586·220 P.2d 393
Supreme Court of CaliforniaJune 30, 1950L. A. No. 21217California2,852 words

Opinion

lead Opinion

Schauer, J.

In this review proceeding petitioner seeks to have set aside portions of an order of the Public Utilities Commission relating to highway common carrier certificates sought by petitioner and by 13 other applicants before the commission, and also asks this court to order the commission “to make findings on the issues of public convenience and necessity on” petitioner’s application for a certificate between certain points in Southern California. Upon consideration of the entire record and the applicable law we conclude that the commission’s order should be set aside insofar as it purports to impose restrictions against the consolidation by petitioner of operating rights held by it, and in other respects should be affirmed. Unless otherwise stated, all sections cited herein will be those of the Public Utilities Act, Stats. 1915, page 115, as amended; Deering’s Gen. Laws, Act 6386.

Highway common carriers (see § 2%) must obtain certificates of public convenience and necessity from the commission (§ 50% (c)). The broad authority of the commission to regulate such carriers is summarized in California etc. Transport Co. v. Railroad Com. (1947), 30 Cal.2d 184, 187-188 [ 180 P.2d 912 ],…

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