Village of Northfield v. Public Utilities Commission

Citations

• 100 Ohio St. (N.S.) 424

Syllabus

<p>Public Utilities Commission — Jurisdiction■ — Interurban railroads — Abandonment of line — Rights and duties of company — Discontinuance of service — Application to abandon not defeated, when — What constitutes voluntary abandonment — Sections 504-2 and 504-3, General Code (107 O. L., 525).</p> <p>1. The act of March 21, 1917 (107 O. L., 525), authorizes abandonment of a part of an interurban line where the Public Utilities Commission is satisfied that such would be reasonable, having due regard to the welfare of the public and the cost of operating the service or facility.</p> <p>2. The fact that a railroad has discontinued service over a part of its main track for a short period immediately prior to its application to abandon will not deprive it of that right, provided such track has been operated for five years previous to such application.</p> <p>3. Because of the continued use of service and the subjection of such service to the authority of the Public Utilities Commission under the facts disclosed in this case, there was no voluntary abandonment of the old route in controversy.</p>