public necessity and convenience

public necessity and convenience
Need for the services of a carrier to operate upon the highway sufficient to justify the public authority in granting franchise, license, or permission for operation. 13 Am J2d Car § 82. Ground for the improvement of a highway, existing in use by the public rather than for the benefit of one or a few individuals. 25 Am J1st High § 60. The convenience of the public prompting state or municipality in authorizing special, permissive, or incidental use of a highway, always in subordination to the use of the way for travel and transportation. 25 Am J1st High §§ 168 et seq. The public necessity, which is a statutory condition precedent in many states to the granting of a franchise to a public service corporation, does not mean indispensable to the public. An urgency less pressing will suffice. The expression means a public need without which the public is inconvenienced to the extent of being handicapped in the pursuit of business or wholesome pleasure, or both-without which people generally of the community are denied, to their detriment, that which is enjoyed by other people generally, similarly situated. Chicago, Rock Island & Pacific Railway Co. v State, 126 Okla 48, 258 P 874. See certificate of public necessity and convenience.

Ballentine's law dictionary. . 1998.

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