
    No. 1021
    No. 19992
    Bennett Brothers, a partnership, v. The Public Utilities Commission of Ohio.
    Error to Public Utilities Commission of Ohio.
    973. PUBLIC UTILITIES COMMISSION— Commission must grant certificate of public convenience and necessity where route in question can be granted without affecting the business of the only common carrier operating within such territory.
   ALLEN, J.

Where a motor transportation company applies for a certificate of public convenience and necessity to transport freight in a territory where the record shows necessity for such service, and where, so far as the record shows, the route in question can be granted without deranging or affecting the freight business of the one common carrier operating within such territory, it is the duty of the Public Utilities Commission to grant such application for the territory in question.

Order modified.

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