*1 attorney’s though fee there' even' fix -an- testimony determine the no been
has attorney’s services.
value of carefully all other considered
We have ap presented by assigned error and,
pellant finding no reversi in his brief therein, judgment in' all1 error
ble
things affirmed. COM-
ROBERDEAU et al. RAILROAD MISSION et al.
No. 9942. Appeals Austin.
Court Civil Texas. Feb. 1951. Smith, Stealdey, Rotsch & by Zollié C. April Rehearing Motions Stealdey, Austin,' appellant. May 9, 1951. .Gen., Daniel, Atty. Price Everett Hutch- ' May 30, Rehearing denied inson, Assistant, Executive for Railroad
Commission. Felts, Austin, A. M. . Miller Jeff ,M. Burnam, Rhoades and R. W. L. Mc- Virgil Keen and .Dorbandt. ,H. for, Breedlove, Beard, Waco, J, S. E. Breedlove and.W- n Swanner, W: H. ap- pellees.
ARCHER, justice.' Chief appeal This is an under Section 20' Article H. Vernon’s Ann.Civ.St. parties L. Roberdeau and others dis- orders of satisfied certain the Rail- Commission, Texas road entered after hearing, specialized dividing spe- motor carrier certificate 6518 and cialized motor certificate No. carrier' approving the sale and transfer of specialized motor carrier certificate' No.' division, specialized motor.car- certificate rier No. 8503 created cer- No'. division and tificate ' carrier certificate No. 6586. motor Appellants’ upon is a. direct suit attach r these, collateral; upon attack orders and a. cre- ating certificate No. certificate No. 6586 to and certificate No. extent *2 6682, trаnsporta- cre- the Certificates Nos. 6518 and the such orders authorized that certificates, goods ation goods, office furni- of new household used tion household of cer- and transfer the the sale and of new equipment. ture and containing goods the household tificates; jury the court to without The trial was certificates, authority and of old the old of court the the thereof and at conclusion appellee-pur- to the Ño. validity judgment upholding the rendered chasers, arbitrary ware and void.” suit, of the Commission of the orders nothing points appellees by appellants The countеr assert take and that decreed original that the and law- orders are valid by their suit. ful, that trans- the orders authorized the points as- appeal on three is based This etc., portation of household error the appellants as signed the radius, etc., specified di- the the and resulting judg- case, the and trial of the vision orders authorize the ment: of the in the same ter- same commodities hold- erred in not trial court “First: ritories. That action the Commis- the of Rail- orders of the original ing that sion in division and sale entering said pursuant to the issued road Commission orders, did, and law- it a reasonable Nos. for Certificаtes original applications granted ful power exercise of Com- under Sec- were void 6682 and mission and are valid. insofar au- (d) Article tion 5a of August 1943, In Worcester of Mar- Fred transport thority household to Falls, Texas, applied ble to the Commission concerned, equipment is and office furniture transport livestock, feed- authority to attack, subject because to collateral and stuffs, wool, goods and household timber to make Commission of the of the failure to and from in a radius of 50 all pointing fact of requisite statutory Falls, miles of and and from Marble and services inadequacies оf the out radius of Mar- 300-mile pub- existing carriers and the facilities equipment, Falls, Texas; setting out ble service; where- proposed lic need location, territory, alleging type of need newly-created house- fore, original service, etc., willingness good faith and legally’ not certificates could hold goods etc., requested rules, comply ap- proposed service authorize given hearing. This of the and the orders pellee-purchasers, the number 6518. be- from are void appealed Commission previous orders. October void cause based order: entered its in not cоurt erred The trial “Second: finds from evi- “The Commission holding that applica- Commission, original relating records Certificates dence and Railroad pursuant facilities inade- tion that the are existing and 6586 Nos. need quate demand and thereto, orders of the Commis- there proposed and granted certifi- for the service as division of the approving the sion certificates, cates, order. of new creation new certificates transfer the sale and ap- further finds that “The Commission not authorize appellee-purchasers, do to the responsibility proof financial plicant’s transporta- service in the carrier a motor propos- equipment satisfactory; office goods and used household tion meets all used in ed Austin equipment, with furniture regulations legal requirements operations and as the as the base Waco devices, safety di- regarding Commission standpoints from the location mensions, highways etc., facilities, equip- motor carrier of terminal operate proposes applicant over which advertising, solicitation ment, personnel, type of construction and in are of such public. availability the service op- permit repair as to such state unduly interfering with without court The trial erred eration “Third: general public highways by the of said orders of the Railroad use holding purposes. highway for ordinary approving the division old
«91
“Therefore,
8527,'
transport
number
the authority
the evi-
dence,
regulations, the
within a
its own
livestock between all
law'and
Falls, Texas,
finds that mile
is of the
radius of Marble
*3
service,
points
points
a
froto all
to
within
public
a
exists for the
such
all
necessity
promoted 300 mile
and vice
public convenience will be
radius Marble Falls
versa,
application
the same
livestock
and farm ma-
and
feedstuffs
granting said
Speciаlized
chinery
Motor
to and from farms and ranches
hereby granted
is
for a
Falls,
follow- within a 50-mile radius Marble
authorizing
Carrier
Certificate
Texas, wool and mohair
from all
ing
to and
service:
points within a 50 mile
of Marble
radius
and
transport:
goods
“To
household
points
Falls and from all
within such radius
equipment from
used
furniture and
office
points-
to all
within a 100
radius of
mile
points
all
50-mile radius of Marble
within a
Angelo,
San
timber in its
and
natural state
Falls, Texas,
points
and
to all
in 'Texas
grain
points
from all
a mile ra-
within
versa,
transportation
such
vice
but the
points
dius of
a
Marble Falls to all
within
prohibited
to
is
from dealer
commoditiеs
thereof,
300 mile radius
and vice versa.
dealer
“The Commission finds that the division
public
of such
against
will not be
certificate
ex-
“Highway
With the
Restrictions.
and
satisfactory
more
serv-
interest
ception
office fur-
goods,
household
separation
ice
maintained
can be
after the
transportation
equipment,
niture and
portion
designated
of that
which is to be
prohibited over
all
is
other commodities
n
applicant
* *
No. 8527. The
*
highways.
following restricted
gives
desiring
as his reason for
the division
(naming
highways).”
that he will sell both
No.
the old certificate
order,
part,
is:
newly
6518 and the
created certificatе No.
that the
conveni-
“This Certifies
necessity require
such
ence
“Therefore,
carefully
after-
granted
permission
hereby
to:
evidence,
law,
own
and its
rules
Worcester,
principal address
Fred
whose
regulations,
Commission is
Falls,
spe-
Texas,
operate a
to
is Marble
Spe-
application
to' divide
service,
follows,
carrier
as
cialized motor
Nov
Motor Carrier Certificate
cialized
within
of Texas:
the State
Accordingly, it
approved.
6518 should be
Transport:
“To
Household Goods
Railroad Commission
“Ordered
Equipment
Furniture and
from
Used Office
Virgil
application of
of Texas
Mаr-
points
all
a
radius of
within
50-mile
Specialized Motor Car-
Dorbandt to divide
Falls, Texas,
points
ble
to all
Be,
6518,
same
rier Certificate No.
and the
versa,
transportation of
vice
but the
hereby
Granted.”
prohibited
dealer
from
such commodities is
10, 1950,
April
took
On
the Commission
to dealer.”
application of
up
consideration the
transporta-
authorized
The certificate
approval
Virgil Dorbandt
livestock,
mohair,
tim-
tion of
wool
sale and transfer of
ber, etc.
6518, and
No.
W. L.
SMC Certificate
purchased
Virgil Dorbandt
this certifi- McKeen,
Storage,
Ball Transfer
dba Red
&
Worcester.
cate from
purchase.
to
1950,
14,
April
On
“Therefore,
duly considering
divided old certificate.No. 6518
application,
n evidence,
and its
own rules
law
to
a
bear
and created
new .certificate
opin-
regulations, the Commission is of the
transport
authority
to
number
application
sell and
trans-
ion
goods and used office furniture
household
approved.”
should
fer such certificate
equipment from all
within a
Burnam and
Falls, Texas,
Lechow
of Marble
to On
radius
50 mile
June
versa;
made
points in Texas and vice
“to
all
transportation
to authorize
certificate to bear the
certificate
under new
authorize
all,
13, 1950,
took
etc.,
,On.
the Commission
March
of. household
Falls,
Burnam
up
(No. 8503)
Marble
a 50-mile
radius.of.
so
Texas,
for.
No. 6682
the division
certificate
Texas,
and,
vice
ver
;
8503,,
certificate,
feed, etc.,
livestock, wool,'
create
newa.
sa
authorizing
of household
of Marble
miles
to 350
radius of from
etc.;
findings as
requested
Texas;
making
and after
Falls,
6682, and
contentions
of certificate No-.
ownership
certain
hearing, and set out
of,
service,..,
interest,
of that
July
as to
as to sale
such
.and
as-
need
portion
be numbered
of the certificate to
made
*4
entered,
its
entered
and
its.order:
service
the need
6682, as follows:
.order No.
“Therefore,
considering
carefully
after
law,
evidence,
rules
carefully,
and its own
“Therefore, after
,
n records,
laws,
is of
evidence,
regulations,
and
and its own
Spe-
opinion
application.to
is
divide
Commission
regulations,
rules' and'
application
Carrier
No.
should
Motor
Certificate
opinion that
cialized
Accordingly,
is
approved.
is
it
Accordingly it
should be
Granted.
be
of
Railroad Commission
“Ordered
by the -'Railroad
“Ordered
R.
Bur-
application of
M. Texas that
of M.
R.
of Texas
Lechow,
Specialized Motor Carrier
Burnam nam to divide
G. G.
dba
Burnam and
6682, Be,
Lеchow,
car-
the same is
motor
Certificate No.
and
for a
and
hereby
Be,
hereby
certificate,
is
Granted.”
and the same
rier
(cid:127) as follows:
granted
15, 1950, the
On March
Goods,
hearing,
used after
and
entered its Order:
Transport:' Household
“To
equipment
all
from
and
office furniture'
(cid:127)
appli
finds that
the1
“The
a 50 mile radius Marble
'points Within
Specialized Mo
and transfer
cation to sell
versa';
Texas,
vice
points
and
all
in
Falls to
tor
Certificate No. 8503 is made
Carrier
faith;
price
purchase
poipts
good
50 in
that the
from all
within a
“Livestock
pur
$2,000.00;
points such certificaté
Falls
all
is
Marble
the-'
mile radius of
chaser,
Rhoades,
thereof,
vice
dba Rhoades
mile'radius
Miller
within a 350
and
Jeff
Company,
versa;
Storage
financially
&
Transfer
capable,of performing
able and
main
and
, feedstuffs,
machinery
farm
“Livestock
.taining the
authorized
such
within
farms and ranches
grain from
and
certificate;
equipment proposed to-
Marble Falls
all
a 50 mile radius
operation
purchaser
in
be used
such
thereof,
a 350 mile
and
points
radius
law,
and
meets
requirements
;
vice versa
regulations of
the rules and
this Commis
from
mohair
farms and ran-
and
“Wool
devices,
respect
safety
sion with
dimen
wi'thin,a
50 mile radius Marble Falls
ches
etс;
sions,
purchaser agrees-
and that the
points, warehouses and rail
concentration
'to
to conduct such motor truck
radius of
points within
150 mile
shipping
as heretofore
the same manner
authorized.
Falls.
Marble
Therefore,
duly considering
evi
after
law,
dence,
reg
and its own rules and
transportation of Household goods,
'
ulations’,
the" Commission
equipment,
'and
live-
office furnitUré'
application to sell and transfer-
feedstuffs,
machinery
grain
farm
and
stock
n approved.
certificate should
Ac
such
dealer to dealer.”
prohibited,from
cordingly, it is
September
the Com-
7th of
On' the
by. the,
“Ordered
Railroad Commission
Specialized Motor
its
Car- .
mission
Bur-
Texas that
of R. M.
of-
Certificate
Conveni-
Permanent
rier’s
6682,-
Necessity,
approval of the Commission
to Burnam nam for the
ence
,.live-
Specialized
Motor-
,the sale and transfer
tq_,transport, the goods,
and-Lechow
8503,"and
Ño.
articles
Mil-
other
Carrier
.Certificate
stock
set..out
as.therein
Jeff
Rhoades,
Transfer
dba Rhoades
& Stor-
set out.
as hereinabove
ler
Be,
age Company,
Transport:
ahd
purchase,
“To
hereby
Approved.”
.
things.
same is
in all
“Household
used office furniture
equipment,
No. 6586
issued to
E.
points
from
all
in Lime-
J.
29, 1944, stone,
February
Freestоne,
and C. Cook on
Cook
Falls and Robertson
J.
within,
hearing,
application,
points
notice and
and all
Counties
50a. mile
by the
Groesbeck,. illexas,
made
Commission as
radius of
to all
„
pub-
highways
Texas,
versa;
sufficiency
vice
convenience,'
necessity
authorizing
lic
'points-in Limestone,
“Livestock from all
following service:
Freestone,. McLennan, Falls, and Robert-
Transport:
son
“To
Counties
all
50a
mile radius of Groesbeck to all
with-
irregular
irregular
“Over
routes
in a
thereof,
versa;
300 mile radius
and vice
practicable highways
using
schedules
n “Livestock
feedstuff,
machinery,
Texas within the area.
farm
grain, and timber in its natural state from
“Household
used office' furniture
farms and ranches and feed bams in Lime-
equipment
Limestone,
all points
*5
stone,-Freestone, McLennan,
and Rob-
Falls,
Freestone,
Counties;
Falls and Robertson
'
n -points
ertson Counties
a
and
within
Texas,
points
versa,
to all
in
vice
and
But
points
radius of
50'mile
Groesbeck to- all
transportation
of such
is
commodities
thereof,
a
300 mile radius
and vice
Prohibited from dealer to dealer.
,
versa:
“Livestock,
feedstuffs, grain,
livestock.
n
transportation
of household
machinery
farm
in
and timber
its natural
equipment,
used office furniture &
livestock
places
state frоm
and
in the counties
feedstuff,
machinery
farm
grain
and
is
Limestone, Freestone, McLennan,
of
Falls
Prohibited from
to'
dealer
dealer.”
Robertson,
and
to
in Texas with-
all.
in a
hundred mile
three
radius of Groes-
April
1946,
on
17,
Certificate
issued
versa;
transportation
and
beck
vice
But the
transportation
authorizing the
of the arti-
"
feedstuffs,
machinery
livestock
farm
of
an'd cles set out in
order
necessary
'
'
'
grain' is Prohibited from dealer to dealer
repeat.
here
exception
“With
of
household
6586,
1948,
No.
July 6,
equipment,
furniture
office
and
Cook,
George
authorized
purchas-
who had
transportation of all other
is
commodities
Cook,
it from
ed
E. and C.
operate
J.
J.
'
following
Prohibited over
restricted
a SMC service"
a
50-mile radius
”
* * *
highways.
of
to all
Groesbeck
within a 300-
'
25, 1946,
On March
the Commission took
thereof,
mile radius
and vice versa.
up
application’
for consideration the
oí
April 17, 1950,
the Commission took
No.'6586,
oh docket
perma-
Cook
to make
up for consideration the sale
transfer
and
6586,
nent SMC certificate No.
and after
6586,
of SMC Certificate No.
and subse-
hearing
and
the Commission made quent
hearing
its
entered
as
order
service,
as
need"
follows:
highways,
condition of the
and
as to
“Accordingly, it
by
is orderеd
the Rail-
necessity and
service,
convenience for' the
road
applica-
Commission of Texas that the
its
entered
order:
George
approval'
tion. of
Cook for the
of
“Therefore,
carefully
the Commission of
sale and
transfer
evidence,
laws,
records,
its
own
Specialized. Motor Carrier Certificate No.
regulations,
rules
the Commission is
Breedlove,
E.
W. H.
Breed-
J._
should be
H, Swaner,
love,
dba Breedlove’s
and.W.
granted. Accordingly,
by
it is ordered
Storage,
'purchase, Be,
Transfer
&
Railroad Commission
Texas
that' the
hereby
things
the same is
in all
Approved.
application óf E. Cook аnd C. Cook for
J.
J.
an amendment of their certificate authoriz-
“The Holder
hereby
Certificate is
ing
operation of
op'erate
motor carrier
authorized
the same manner
service, Be, and the same
hereby
regulations
Grant-
under the same rules. and
and.
ed,
as follows:
as heretofore
under such certifi-
authorized
System,
num- ville Bus
Bus
operation
Co.
Continental
cate,
using in said
586; Southwest
equip- Tex.Civ.App., 208 S.W.2d
last
by
shown
Ríe
trucks as
ber of
Greyhound
Inc.,
Lines,
v. Railroad
ern
ment record.”
Commission, Tex.Civ.App.,
testimony before the
transcripts of
The
28, 1950, in Docket
March
Commission on
pre-
S-2737;
The orders of the Commission are
Docket Not
No. 8527 and
contrary
is shown.
1950,-in
sumed valid
until
February
Docket No.
April Webster v.
& Pacific Motor Trans-
S-2709;
and on
Docket
75;
Co.,
port
S-2723,
Tex.
received
166 S.W.2d
were
Docket No.
court,
Wattenburger v. Railroad Commission of
without
by the
original
evidence
Tex., Tex.Civ.App.,
tor carrier
or town
twenty-one years
diction. indicate
or
any highways
over
than the cities
other
force
law has been in
without the Com-
Highways
and towns located
State
Nos.
type
transporta-
mission regulating the
"
2339 is-
and Certificate No.
tion here involved. This
non-action
Sep-
pursuant
sued
thereto under date
period
suggests
such
depart-
of time
12, 1929,
hold-
tember
not authorize the
did
great
mental
weight
construction which has
er
thereof to
cities and towns
serve the
with the
an
courts in
construction of
**
Raymondville,
uncertain statute.”
has
adopted
The Commission
authority
finding
This
Court
question
enter
the orders under
and to
Appeals.
of Civil
*7
a
authorize division of
certificate. Hous-
permit
aof
or
Cancellation
certificate
Freight
ton & North Tex. Motor
Lines
matter,
through
is a
stat
by
discontinuance
Johnson,
v.
140
166
Tex.
S.W.2d
ute,
to the Commission under
addressed
We believe that the evidence
substan-
powers
by
conferred
Sec.
of Art.
12(b)
support
tial and offers reasonable
for the
Wattenburger
911b.
v. Railroad Commis
at-
division and sale of the orders under
Texas, Tex.Civ.App.,
sion of
231 S.W.2d
tack,
proposals
the
for
and that
transfer
924, Er.Ref.N.R.E.
good
in
and to be in
thereof were
faith
statute,
5a,
The
Article
Section
public
the
interest. Railroad Commission
reads,
part:
“Any
held,
certificate
in
own-
Co.,
139 Tex.
161
v. Shell Oil
ed,
any
op-
by
motor
or obtained
carrier
Tarry,
1022;
Tex.Civ.App.,
191
Miller
‘specialized
erating as a
motor carrier’ S.W.2d 501.
Act,
provisions
may
under the
this
be
judgment of the trial court
is af-
The
sold,
leased,
assigned,
transferred, or in-
firmed.
provided, however,
herited;
pro-
any
that
Affirmed.
posed sale, lease, assignment, or transfer
Appellants’
Rehearing.
On
for
Motion
presented
shall
first
writing
be
in
February
we handed
approval
down
disapproval,
or
Commission for its
judgment up-
our
rendered
disapprove
may
and the Commission
such
holding
judgment
trial court’s
in
proposed sale, assignment, lease,
or trans-
cause,
Supreme
and on
same date our
fer if
be
it
found and determined
:by
in
Court rendered its decision
case
sale,
proposed
Commission that such
as-
Thompson,
Hovey
Trustee v.
Petroleum
lease,
signment,
or transfer
is not
good
al., Tex.Sup.,
Company et
set aside our routes, by nór railroads. cause. render this of the- Commission original orders from Further Finds “The .Commission Order, verbiage, and' the are similar own records the evidence and from its 6682, reads: Docket No. made satisfactory'proof has been responsibility; applicant of his' fináncial Specialized Motor Granting “Order propos'ed to be equipment Carrier require- operation him in said meets'the Motor Texas “Railroad Commission ments of Texas laws of the State Motor Carrier Transportation Division dimensions, etc:; devices, regard s'ái'ety Docket No. 6682. designаted in the highways G. G. “Application M. of R. Burnam type such of construc- aré of Lechow, a for Lechow, DBA Burnam subject such tion maintenance Trans- Authorizing the SMC Certificate sought be permit use as to of the use Used Goods and portation Household -by unreason- applicant made without Equipment All Furniture Office such able interference the use of Marble a Mile-Radius of 50 Points Within high- highways general by the and Vice Points Falls to All. Texas: purposes.' way Versa; Points Within from All Livestock All Further Finds from Falls to of Marble Mile a Radius 50 records, and its own after Radius Thereof evidence a Mile Points Within Feedstuffs, considering fa- Versa; existing Livestock and .Vice th,e cilities, - Machinery, Farms need Grain, from demand Farm ..and and. fa- Mile that the service and a Radius additional-service and Ranches Within existing serving carriers a 350 cilities of Points Within Falls All Marble Versa; Mile,Radius territory inadequate; are that there exists Thereof Vice service; public necessity and Ranch- for such from Farms and Mohair Wool pro- Falls Radius Marble convenience will a Mile es Within granting of Mile Radius moted said Within All Points -permitting of motor ve- Thereof. ' designated h-ighways in said hicles “Austin, 24 1944 Jul hire. common carrier application-as; “Order ' “Therefore, carefully, “By the Commission.: lаws, records, evidence, and its own *8 Com July. “On Railroad regulations, is rules and Commission up for consideration took mission application should abqve the. application, which styled Accordingly it is (Me be Granted. legal an<i on filed June hearing place o-f o-f the time by Railroad “Ordered -the Commission applicant, having given to the been R. M. Texas that parties and to the all Lechow, interested dba Burnam Burnam and G. G. Hotel, at Driskill heard generally, was Lechow, specialized for a motor car- Austin, Texas, July City of in certificate, Be, hereby same rier 19, 1944. granted as follows: Finds from the evi- “The Transport: “To аpplication proposes the dence Goods, “Household Office Furni- Used a motor carrier n de- Equipment all ture and from transporting commodities service a 50 mile radius of Marble Falls to all application; in the scribed vetsa; Texas, points in and vice type the' finds from evidence 1 -all within a by applicant' from “Livestock 50 proposed from .points mile radius o-f farms- and ranch- "Marble .Falls ranches’ and'to farms and :all thereof, a 'mile and vice -350 radius commodities not within of these on most es versa; .- by car- ordinarily common performed .. Machinery Feedstuffs, Farm “Livestock “Commissiоner fiom, and ranches within farms and Grain “Commissioner. all' Falls to of Marble a mile radius “Attest: thereof, mile radius a Ransom, “L. D. versa; and vice “Secretary.” farms Mohair “Wool and believe, doWe not now view of Marble a mile radius ranches within Supreme of' decision our Court points, warehouses Falls to concentration Thompson case, Hovey v. above referred points within 150 mile shipping and rail to, that the are sufficiently full and Falls. radius Marble complete requirement to meet the Goods, Household transportation of “The statute holding Thompson under the Equipment, Furniture and Used Office case, Hоvey v. and that the certificates Machinery and Feedstuffs, Farm Livestock thereunder were void. Art. prohibited from dealer dealer. Grain is Sec. 5a(d), V.A.C.S. exception of Household “With the granted, motion is judg- Equip- Goods, Office Furniture Used ment aside, heretofore rendered is set transportation of Livestock, ment judgment of the trial court is reversed -the over is restricted other commodities judgment' ap- here rendered for restriction following highways, but pellants. effective, World shall until after granted;, judgment Motion of the trial War IL: reversed, court is and judgment here ren- Highway Wells “U. S. 80—rMineral appellants. dered for Lоngview. Appellees’ Rehearing. Motions for Ringgold to San Highway “U. S. 81— Antonio. PER'CURIAM. State Highway “U. S. 75—Oklahoma In attempting distinguish' the case Line to Galveston. Thompson Hovey Petroleum Com pany, Tex.Sup., 236 in which to Hills- Highway “U. S. 77—Gainesville case the Railroad Commission did not file boro. rehearing, motion for by Ordered “It Is Further the Commis- says that the order under review in that equipment to sion that all be used under case “did not finding, contain a as the granted authority herein is restricted requires, statute there existed appellant to that owned shall necessity proposed for the service.” This not exceed the number as shown is incorrect. The order case ex equipment report. last pressly found: Commission Further “It is Further Ordered the Commis- Finds from the evidence and its rec own requested authority sion that all in said ords, after [carefully] considering the ex granted is not hereinabove transportation facilities, *9 isting and demand hereby expressly Denied. for the need of the additional “This Order shall become effective existing service and facilities of the' signed until actually the Commission serving carriers the territory are inade * * * accordingly so dated. quate; con promoted by venience will be granting
“Railroad opera permitting of Texаs said highway tion of motor vehicles on the “Beauford Jester designated in said as a common “Chairman carrier for hire.1 “Olin Culberson Thompson adopted Appeals Railroad the Court of Civil Tex. Civ.App., Hovey in the case. 232 S.W.2d Writ of S.W.2d 7 . description Error of the 14 Granted. involved orders made in case was this services existing Inadequacy additional necessity for creates Continental Bus v.Co. Kerrville
services. Tex.Civ.App., System, Bus
Austin, Ref.N.R.E. Writ mo says in its further The Commission judgment rehearing that: for
tion April filed Court Honorable of this nullify the large extent 1951, would to ten the last for work transporta regulation of years in (10) high hire over the property tion Bill 351 Ann.
way under House [Vernon’s appellants If the art.
Civ.St. 911b]. are void collaterally most
attack pur
orders entered granting Specializ Bill 351
suant to House void, are also1 Carrier Certificates ed Motor granting order cer every entered
including appellants authorizing trans
tificates goods.”
portation of household say only that in both need this As we opin- and in our Hovey case wrote the Com- in this case we what
ion thought court law
mission and Hovey case has Our error
to be. Supreme adjudicated Court 'by
been apply duty to the law as and it our announced, regard without for the
there
consequences.
The motions are overruled.
Overruled. O’Fill, Beaumont, appellant.
D. H. Watson, Wright, Alto V. T. both James Beaumont, appellees. LOWRY & CO. v. LESLIE MURRAY, R. L. KTRM, et al. Inc. Justice.
No. 4754. Productions, Inc., F. Holland Wm. sued KTRM, Inc., upon a contract between the Appeals of of Civil Texas. Court parties furnishing transcrip- *10 two radio Beaumont. for .radio (records broadcasts), tions which May 10, 1951. sought contract was cancelled
KTRM, Inc. Inc.,
KTRM, Lowry sued Leslie & Com- pany upon a contract for furnishing radio transcriptions and the series time KTRM, over Radio Station broadcasts radio