17 S.W.2d 1012 | Ky. Ct. App. | 1929
Affirming.
The Safety Coach Transit Company holds a certificate of convenience and necessity issued by the commissioner *732 of motor transportation, authorizing it to operate motor coaches for the transportation of passengers for hire from Corbin, Ky., to Middlesboro, Ky. Sam Slusher operates a taxicab in the city of Pineville, Ky. This action was instituted by the Safety Coach Transit Company to enjoin Slusher from engaging in unfair and illegal competition with the Safety Coach Transit Company. The circuit court granted the relief sought, and Slusher appeals.
It is conceded by the appellant that the injunction granted by the circuit court accords with chapter 112 of the Acts of 1926, which is section 2739j-1 to section 2739j-41, inclusive, Kentucky Statutes, Supplement 1928, as construed by this court in numerous cases. Harrison v. Big Four Bus Line,
But it is argued that these cases should be reconsidered and modified in some material respects. It is said that Slusher owns his automobile and has a right to drive it upon the public highway for the carriage of persons and the transportation of property; that such right to conduct a lawful business is a property right protected by the federal Constitution against impairment or interference. Traux v. Raich,
The argument is unsound. It may be assumed that the right to work for a living in the common occupations of the community is of the very essence of personal freedom and opportunity. Traux v. Raich, supra. Indeed, a citizen may have, under the federal Constitution, a right to travel and to transport his property upon the highways by motor vehicle; but he has no right to make the highways his place of business by using them as a *733
common carrier for hire. Buck v. Kuykendall, supra. Such use is a privilege which may be granted or withheld by the state in its discretion without violating any provision of the state or federal Constitution. The highways belong to the public, but are primarily for the use of the public in the ordinary way. Their use for the purposes of private gain is special and extraordinary and, in general, may be restrained, prohibited, or conditioned as the legislative power may prescribe. Packard v. Banton,
The cases cited make clear the relative rights of the state, the carrier, and competitors, as well as the extent to which the supreme power of the federal government under its authority to regulate interstate commerce controls, and further elaboration is not necessary or appropriate.
The judgment is affirmed.