Bates v. Railroad Commission

138 S.W.2d 1104, 1940 Tex. App. LEXIS 194

Opinion

McClendon, chief justice.

Appeal from a final judgment of dismissal (after sustaining a general demurrer and Bates’s declining to amend) in a suit in which Bates sought to enjoin the Commission, its members, and certain other - officials and employees of the State, from; interfering with his operating over the state highways of twelve trucks, “in the-transportation of merchandise and freight for hire exclusively in interstate commerce-by motor vehicle.” Bates had no certificate, permit or other authorization from the Texas Commission to operate over Texas highways; but claimed the right to so operate under the “grandfather clause” of the Federal Motor Carrier Act 1935, 49 U.S.C. § 306, 49 U.S.C.A. § 306. The case is ruled by the decisions in McDonald v. Thompson, 305 U.S. 263, 59 S.Ct. 176, 83 L.Ed. 164; Winton v. Thompson, Tex.Civ.App., 123 S.W.2d 951, error refused; Railroad Comm. v. Tips, Tex.Civ.App., 130 S.W.2d 1078.

The trial court’s judgment is affirmed..

Affirmed.