Campbell Sixty-Six Express, Inc. v. J. & G. Express, Inc.

141 So. 2d 720, 244 Miss. 427, 1962 Miss. LEXIS 466
CourtMississippi Supreme Court
DecidedJune 4, 1962
DocketNo. 42346
StatusPublished
Cited by33 cases

This text of 141 So. 2d 720 (Campbell Sixty-Six Express, Inc. v. J. & G. Express, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell Sixty-Six Express, Inc. v. J. & G. Express, Inc., 141 So. 2d 720, 244 Miss. 427, 1962 Miss. LEXIS 466 (Mich. 1962).

Opinion

McGehee, C. J.

The origin of this litigation is disclosed in the case of T. H. Garrett, d/b/a Garrett Truck Line v. Delta Motor Line, Inc., et al, 224 Miss. 559, 81 So. 2d 245, [430]*43082 So. 2d 577. The complainants in the instant case axe Campbell Sixty-Six Express, Inc., Viking Freight Co., Inc., Delta Motor Line, Inc., Gordons Transports, Inc., and Illinois Central Railroad Company, all qualified, licensed, and franchised carriers operating’ in Mississippi. The suit is brought to enjoin certain operations of the appellee J. & G. Express, Inc., as a competing carrier. The appellee was formerly known as Garrett Truck Line, Inc. The activities of the appellee are alleged to be unlawful and not authorized by its certificate of public convenience and necessity. The bill of complaint charges that the said appellee is unlawfully competing with the appellants and adversely affecting their property rights under their franchises and certificates of convenience and necessity.

The case was decided on demurrer in the trial court, and hence there is no issue of fact on this appeal. The pertinent facts alleged in the bill of complaint are admitted by the general demurrer.

The operating authority originally held by the appellee was granted by the Public Service Commission to T. H. Garrett by order dated August 14, 1953. The order of the Commission of that date authorized Garrett to operate as a restricted common carrier of freight by vehicle over the highways of Mississippi, beginning at Jackson thence north on U. S. Highway 51 to Grenada, serving all points between and including Jackson and Grenada, and north from Grenada on State Highway 7 to and including Holly Springs, serving all points between Grenada and Holly Springs, including the University of Mississippi, thence return to Jackson over the same route. The appellants Delta Motor Line, Inc., and the Illinois Central Railroad were the protestants before the Public Service Commission in that proceeding, and they prosecuted an appeal from said order of August 14, 1953, and the decision of this Court on that [431]*431appeal is reported in 224 Miss. 559, 81 So. 2d 245, 82 So. 2d 577, as aforesaid.

The opinion in that ease recites that the appellants Delta Motor Line, Inc., and the Illinois Central Railroad Company were rendering- adequate and satisfactory service to the public at all points on U. S. Highway 51 between Jackson and Grenada, including service to Jackson and Grenada. Therefore this Court reversed in part the said order of the Public Service Commission and said: “* * * Under the facts and rules” of the Commission “no pickup or delivery rights on Highway 51 should have been granted to Garrett except as to freight originating in or destined to the area covered in the permit to service Highway 7.

“Whether closed door travel on said Highway 51 should have been required, except for freight originating in or destined to Highway 7 area, we will now consider.” The opinion further stated: “Summed up then, this is the situation: First, grant of service in Highway 7 area is not now contested.

“Second, Highway 51 is being adequately served.

“Third, it is necessary, if Highway 7 area is to be properly served, that applicant have the right to travel Highway 51 between Jackson and points in Highway 7 area.

“The obvious solution of this peculiar situation is that Garrett should be given the right to traverse Highway 51 to and from Jackson in serving his Highway 7 territory, but the permit over Highway 51 should be with closed doors, except as to freight originating in or destined to the Highway 7 area served by him.

“The Commission will issue to him another permit in accordance with this opinion and the judgment entered pursuant thereto. It is so ordered. * *

The reversal of the Commission by the Court had the effect of saying that: The commission had authorized an operation from Jackson over Highway 51 to Gre[432]*432ñacla “serving all towns between and including Jackson and Grenada, thence north on Highway 7, serving Coffeeville, Water Yalley, Oxford, Abbeville and Holly Springs.” The Court, however, held “no pickup or delivery rights on Highway 51 should have been granted to Garrett except as to freight originating in or destined to the area covered in the permit to service Highway 7.”

Pursuant to this judgment and mandate from this Court, the Public Service Commission entered an amended order on November 21, 1955, in which the Commission found “that the application for a grant of service along Highway 7 area is not contested; that Highway 51 is being adequately serviced, and that it is necessary, if Highway 7 area is to be properly served, that the applicant have the right to travel Highway 51 between Jackson and points along Highway 7 area, and the order granted to T. H. Garrett the right to traverse Highway 51 to and from Jackson, Mississippi, in serving Highway 7 territory, with closed doors, except as to freight originating in or destined to the Highway 7 area served by said Garrett Truck Line.” This operating authority granted to T. H. Garrett was subsequently transferred to the appellee J. & G. Express, Inc.

In other words, the certificate granted to the appellee was issued by the Commission in the same language set forth in the Court’s opinion in the case of T. H. Garrett, d/b/a Garrett Truck Line, Inc. v. Delta Motor Line, et al, supra.

It should be emphasized that under the - decision of this Court in the case above mentioned, the appellee received the right “to traverse” Highway 51 to and from Jackson in serving* the Highway 7 territory but the permit over Highway 51 was expressly limited to a “closed door” operation, except as to freight originating in or destined to the Highway 7 area served by the . appellee. ■ • ... -

[433]*433The bill of complaint here charges that the appellee is now engaged in rendering daily transportation service pursuant to the operating authority granted to appellee by the Commission, but is also performing other services which are not authorised by said operating authority. However, the appellants make no complaint concerning operations conducted by the appellee pursuant to such operating authority when it is serving points in Mississippi on Mississippi Highway 7, such as Holly Springs, Oxford, "Water Valley and Coffeeville, but the appellants do charge that in addition to serving such authorized points in Mississippi Highway 7, the appellee is engaged in rendering daily service in the transportation of freight between Jackson and Grenada, and it is charged that the appellee is without any franchise or other legal authority to transport freight from Jackson for delivery in Grenada or vice versa, since this Court had expressly held that it should not have any such authority.

The bill of complaint further charged that appellee is engaged in transporting traffic moving in both interstate and intrastate commerce; that appellee’s unauthorized operations complained of consist of transporting general freight received at Jackson from a shipper or a connecting carrier and delivering it in Grenada to a consignee or a connecting carrier, and vice versa.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

CLC of Biloxi, LLC v. Mississippi Division of Medicaid
189 So. 3d 726 (Court of Appeals of Mississippi, 2016)
Mississippi High School Activities Ass'n v. Hattiesburg High School
178 So. 3d 1208 (Mississippi Supreme Court, 2015)
Michelle A. Durr v. City of Picayune, Mississippi
185 So. 3d 1042 (Court of Appeals of Mississippi, 2015)
Sawyers v. Herrin-Gear Chevrolet Co., Inc.
26 So. 3d 1026 (Mississippi Supreme Court, 2010)
ASSOCIATION CAS. INS. CO. v. Allstate Ins. Co.
507 F. Supp. 2d 610 (S.D. Mississippi, 2007)
Association Casualty Insurance v. Allstate Insurance
507 F. Supp. 2d 610 (S.D. Mississippi, 2007)
Town of Bolton v. Chevron Oil Co.
919 So. 2d 1101 (Court of Appeals of Mississippi, 2005)
Howard v. TOTALFINA E & P USA, INC.
899 So. 2d 882 (Mississippi Supreme Court, 2005)
Georgia-Pacific Corp., Inc. v. Mooney
909 So. 2d 1081 (Mississippi Supreme Court, 2005)
Stephanie Howard v. Amoco Production Company
Mississippi Supreme Court, 2003
Mississippi Power & Light Co. v. Cook
832 So. 2d 474 (Mississippi Supreme Court, 2002)
PERS OF MS v. Hawkins
781 So. 2d 899 (Mississippi Supreme Court, 2001)
Donald v. Amoco Production Co.
735 So. 2d 161 (Mississippi Supreme Court, 1999)
Baltimore Steam Co. v. Baltimore Gas & Electric Co.
716 A.2d 1042 (Court of Special Appeals of Maryland, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
141 So. 2d 720, 244 Miss. 427, 1962 Miss. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-sixty-six-express-inc-v-j-g-express-inc-miss-1962.