157 S.E. 515 (Ga. 1931), 7718, Georgia Public Service Commission v. Taylor

Docket Nº:7718.
Citation:157 S.E. 515, 172 Ga. 100
Opinion Judge:ATKINSON, J.
Attorney:S. J. Smith, Jr., of Commerce, for plaintiffs in error. E. W. Maynard and Edward F. Taylor, both of Macon, for defendant in error.
Judge Panel:GILBERT, J., dissenting in part, and RUSSELL, C.J., dissenting. GILBERT, J. (dissenting in part and concurring in part).
Case Date:February 11, 1931
Court:Supreme Court of Georgia

Page 515

157 S.E. 515 (Ga. 1931)

172 Ga. 100




No. 7718.

Supreme Court of Georgia

February 11, 1931

Rehearing Denied Feb. 28, 1931.

Syllabus by Editorial Staff.

Public Service Commission may be enjoined from regulating business over which power of regulation has not been conferred.

Motor-Carrier Act applies alone to common carriers by automotor vehicles and not to private carriers of goods for hire (Laws 1929, p. 293).

Private carriers for hire are not subjected to control or regulation of Public Service Commission (Laws 1929, p. 293).

Private carrier cannot be compelled by Legislature to become public or common carrier to be subject to regulations applicable to common carriers (Laws 1929, p. 293).

Whether person is common or private carrier depends on facts relating to public service and whether one has so held himself out as to be liable for refusal to accept employment offered.

Carrier is not rendered common carrier by inviting all persons to employ him, if reserving right of accepting or rejecting offers.

Person operating company transporting goods for hire under private contract without fixed route or schedule held "private not common carrier," and not subject to regulation (Laws 1929, p. 293).

Error from Superior Court, Fulton County; Edgar E. Pomeroy, Judge.

Action by E. S. Taylor against the Georgia Public Service Commission and others. Judgment for plaintiff, and defendants bring error.


GILBERT, J., dissenting in part, and RUSSELL, C.J., dissenting.

Public Service Commission may be enjoined from regulating business over which it has acquired no power of regulation. Laws 1929, p. 293, and p. 300, § 15.

E. S. Taylor formerly operated a "dray line business" under the name of Taylor Transfer Company by employment of animal power and wagons. The use of such equipment was later abandoned and automobile trucks were substituted, the business being carried on in all other respects as before. The business was to ""transport personal property for many persons, firms, and corporations on long-term contracts for compensation, principally within the limits of the City of Macon and occasionally *** over different highways outside of the limits of the City of Macon to different points along said highways *** within the State of Georgia," using in such instances "the paved highways, the public highway not paved and also *** private roads"; and occasionally to contract with individuals for "the hauling of a load of household furniture." The consideration for the transportation in the latter instance would be "fixed by agreement between the parties *** before the hauling is done, each *** transaction consisting of a special contract." He refused to transport a large portion of the property offered to him outside his first-mentioned contracts and refused any property unless the party offering it would agree to pay the price he charged and unless it was "convenient" to the business of his "regular customers in Macon." All contracts for transportation would be made by Taylor individually and he had no agents with authority to contract. The amount of charges for hauling would depend "upon the nature of the...

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