
    No. 412
    No. 19511
    Coney Island Motor Bus Corp. v. Public Utilities Com. of Ohio. Madisonville Motor Bus Corp. v. The Public Utilities Com. of Ohio.
    Error to the Public Utilities Commission.
    No. 19512.
    Error to the Public Utilities Commission.
    793. MOTOR VEHICLES — 1. Power to regulate motor transportation companies^ operating over routes outside of municipalities, is exclusive with public utilities commission.
    2. Certificate to operate cannot be granted for territory already served, unless proof of necessity therefor is furnished, and then not without 60 days’ time is given to exclusive operator.
    3. Refusal of commission to consider any evidence proving inadequacy of service, is error.
   JONES, J.

1. Under Section 614-86 et seq., General Code, the Public Utilities Commission has exclusive power to supervise and regulate motor transportation companies therein defined, which operate over routes or parts of a route outside of municipalities.

2. Under Section 614-87, General Code, (111 O. L. 516), a certificate cannot be granted to an applicant to operate in a territory already served by a certified motor transportation company, except upon proof that reasonably adequate service is not provided by the existing company; and even then, an applicant desiring to operate in the pre-empted territory cannot obtain a certificate until the existing operator is given not less than sixty days to provide the service that the commission requires.

3. An applicant for a certificate over such route is required to show the inadequacy of service of the company occupying such route, and a refusal by the commission to consider any evidence proving such inadequacy is error.

Order reversed.

Marshall, CJ., Matthias, Day, Kinkade and Robinson, JJ., concur.  