94 Ohio St. 417 | Ohio | 1916
On February 1, 1915, plaintiffs in error, W. H. Settle and George W. Clephane, partners doing business as W. H. Settle & Co., filed a complaint with the public utilities commission of Ohio against The Baltimore & Ohio Southwestern Railroad Company, in which they attacked the rate charged by the railroad company for the transportation of lumber from Oakley station, Cincinnati, Ohio, to Madisonville station, Cincinnati, Ohio. The matter was heard upon the complaint, the answer of the railroad company and the evidence. The rate for the transportation of lumber from Oakley to Madisonville, charged by the railroad company prior to November 16, 1914, was one cent per one hundred pounds. On November 16, 1914, the rate was increased to 3.7 cents per one hundred pounds. On January 14, 1915, it was reduced to 3.2 cents per one hundred pounds, which last-named rate was
The order of the commission of October 29, 1915, dismissing the second case, was in effect a holding that the rate complained of was not unreasonable, unjust or discriminatory, and, further, that no showing was made that Madisonville should be placed within the Cincinnati switching-limits. As was held in The Hocking Valley Railway Co. v. The Public Utilities Commission of Ohio, 92 Ohio St., 362, this court will not substitute its judgment for that of an administrative board, created pursuant to an act of the legislature, as to matters within its province, and before this court will interfere with the order of the public utilities commission it must appear from a consideration of the record that the action of the commission was unlawful or unreasonable. We have examined the record in this case and the proceedings had before
Order sustained.
