183 Ga. 118 | Ga. | 1936
On the trial of this case the defendant offered in evidence rule 62e of the Public-Service Commission of Georgia, a violation of which rule was alleged by the defendant in his cross-action as the proximate cause of his injury and as negligence per se. The plaintiff objected to the introduction of this rule in evidence, "upon the grounds that said rule was wholly immaterial and irrelevant, was beyond the authority of the Public-Service Commission to enact, and was an unlawful delegation of authority upon the part of the legislature of the State of Georgia to the Public-Service Commission of the State of Georgia, and was therefore in conflict [with] and [in] violation of the provisions of article 3, section 1, paragraph 1, of the constitution of the State of Georgia, which provides: ‘The legislative power of the State shall be vested in a General Assembly, which shall consist of a Senate and House of Eepresentatives/” The judge overruled the objection, on which ruling, among others, the plaintiff assigns error in his motion for new trial. The case was carried to the Court of Appeals by bill of exceptions, and by that court transferred to this court on the ground that this court and not the Court of Appeals has jurisdiction. Maner v. Dykes, 52 Ga. App. 715 (184 S. E. 438). Jurisdiction was accepted by this court, subject to further determination after argument.
Under the constitutional amendment of 1916, defining the
No law of the State of Georgia being attacked as unconstitutional, and no construction of any provision of the constitution of this State or of the United States being directly involved, the
Remanded lo the Court of Appeals.