Associated Truck Lines, Inc. v. Public Service Commission , 377 Mich. 259 ( 1966 )

Smith, J.

(concurring in reversal for remand and redetermination). Although I agree with Justice O’Hara that the case of George F. Alger Company v. Public Service Commission (1954), 339 Mich 104, was decided upon an erroneous principle and, therefore, should be overruled for the reasons which lie gives, nevertheless, the limited use to which Justice Souris puts the Alger Case is also correct, that is, for the definition of what constitutes a “discontinuance” and what constitutes “abandonment.”

However, I am moved to concur in the disposition of Justice Souris because, although I have no doubt that the public service commission is fully aware of the distinction between these two terms, the commission order is unclear in making this distinction. Opinions and orders of administrative agencies ought to reflect clearly the application of the expertise which such bodies undoubtedly possess. For a somewhat similar problem of confused drafting, see Chrysler Corporation v. Losada, 376 Mich 209.

Dethmers, J., did not sit.