House, Inc. v. Georgia Public Service Commission

Supreme Court of Georgia

House, Inc. v. Georgia Public Service Commission

124 S.E.2d 75, 217 Ga. 625, 1962 Ga. LEXIS 345

CourtSupreme Court of Georgia

DecidedFebruary 9, 1962

Docket21510

StatusPublished

This text of 124 S.E.2d 75 (House, Inc. v. Georgia Public Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

House, Inc. v. Georgia Public Service Commission, 124 S.E.2d 75, 217 Ga. 625, 1962 Ga. LEXIS 345 (Ga. 1962).

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Opinion

Duckworth, Chief Justice.

The exception is to a judgment denying an interlocutory injunction to restrain the Georgia Public Service Commission from enforcing its order cancelling a Certificate of Convenience and Necessity. The evidence shows without dispute that the holder of the certificate allowed its liability insurance to be cancelled on September 1, 1960, and operated without liability insurance coverage until October 26, 1960, during which period his certificate was suspended, the new insurance coverage not being filed with the Commission until November 3, 1960. There was evidence that the Commission mailed to the holder of the certificate at its address notice of such cancellation, the same being a rule nisi issued on August 5, 1960, returnable to September 5, I960, to show cause why the certificate should not be suspended for allowing public liability insurance to be cancelled, and on this date the certificate was suspended. The only explanation given by the President of the Company for this violation was that he was sick and overlooked it. The foregoing is sufficient to authorize the cancellation of the certificate under Code § 68-607 (Ga. L. 1931, p. 199), and the trial judge did not err in refusing to grant the interlocutory injunction as prayed.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The exception is to a judgment denying an interlocutory injunction to restrain the Georgia Public Service Commission from enforcing its order cancelling a Certificate of Convenience and Necessity. The evidence shows without dispute that the holder of the certificate allowed its liability insurance to be cancelled on September 1, 1960, and operated without liability insurance coverage until October 26, 1960, during which period his certificate was suspended, the new insurance coverage not being filed with the Commission until November 3, 1960. There was evidence that the Commission mailed to the holder of the certificate at its address notice of such cancellation, the same being a rule nisi issued on August 5, 1960, returnable to September 5, I960, to show cause why the certificate should not be suspended for allowing public liability insurance to be cancelled, and on this date the certificate was suspended. The only explanation given by the President of the Company for this violation was that he was sick and overlooked it. The foregoing is sufficient to authorize the cancellation of the certificate under Code § 68-607 (Ga. L. 1931, p. 199), and the trial judge did not err in refusing to grant the interlocutory injunction as prayed.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

124 S.E.2d 75, 217 Ga. 625, 1962 Ga. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-inc-v-georgia-public-service-commission-ga-1962.