Cotter v. Stoeckel

• Decision Date: 21 February 1922
• Citation: 97 Conn. 239,116 A. 248
• Parties: COTTER et al. v. STOECKEL, Com'r of Motor Vehicles.
• Court: Connecticut Supreme Court

116 A. 248

97 Conn. 239

COTTER et al. v. STOECKEL, Com'r of Motor Vehicles.

Supreme Court of Errors of Connecticut.

February 21, 1922

Appeal from Superior Court, Hartford County; Christopher L. Avery Judge.

Suit by Daniel F. Cotter and others against Robbins B. Stoeckel Commissioner of Motor Vehicles, for an injunction. From judgment for defendant, plaintiffs appeal. No error.

Action for an injunction restraining the defendant from registering the public service motor cars of the plaintiffs, liverymen otherwise than as the cars of private individuals, and from issuing number plates for them other than of the kind issued for the cars of private individuals, and from cancelling the existing registrations, licenses and number plates of the plaintiffs' motorcars which are of the kind issued to private individuals; and, the plaintiffs refusing to plead further, judgment was rendered for the defendant, from which the plaintiffs appealed. No error.

Josiah H. Peck, of Hartford, for appellants.

Arthur E. Howard, Jr., and John Buckley, both of Hartford, and Frank E. Healy, Atty. Gen., for appellee.

CURTIS, J.

The plaintiffs for many years have conducted a livery business in Hartford, and since 1911 have used high-class motor vehicles in their business. They do not solicit upon the public streets or at cab stands, and do not furnish what is called a taxicab service. Many of their patrons object to riding in a car in any way designated as a public service vehicle desiring to create the impression that the car used by them is their own car. The demurrer concedes that number plates which indicated that the plaintiffs' cars are public service motor vehicles, would cause a substantial loss of patronage, and thus damage the plaintiffs. Prior to the passage of the Motor Vehicle Act (Public Acts 1921, c. 400) the plaintiffs registered their cars as passenger motor vehicles, and received and used the markers issued to private cars.

The plaintiffs claim that the provisions of the Public Acts of 1921, c. 400, relating to the regulation of motor vehicles of liverymen used as the vehicles of plaintiffs are used, are unconstitutional and invalid, first, because they authorize a subordinate official, the commissioner of motor vehicles, to exercise an arbitrary discretion as to the registration and marking of motor vehicles used as above described; second, because the provisions of such act are unreasonable.

Under prior public acts, cars used as the plaintiffs' cars were used by liverymen did not fall within any statutory definition of public service motor vehicles. Public Acts 1919, c. 233, § 7; State v. Shiffrin, 92 Conn. 583, 103 A. 899. The Public Acts of 1921 defined public service motor vehicles as including all motor vehicles used for the transportation of passengers for hire. Public Acts 1921, c. 77, § 1; Public Acts 1921, c. 400, § 1. Plaintiffs' motor cars are public service motor vehicles under this definition without question.

Section 14, c. 400, P. A. of 1921, provides as follows as to public service motor vehicles:

(1) The owner must file a special application for registration with the commissioner under oath, containing his name, residence and postoffice address, a description of the motor vehicle owned by him, including the name of the maker, and such other information as said commissioner may require.

(2) The commissioner may register such motor vehicle as a jitney or a public service motor vehicle other than a jitney; such a vehicle shall not be registered unless it is in a proper condition for carrying passengers and is equipped as required by law.

(3) The registration and registration number may be special.

(4) The certificate of registration shall at all times be carried on the vehicle, and be subject to examination on demand by any person authorized by law.

Section 21 of the Act provides that the operator shall have a special license. Section 22 provides that a special registration fee be paid, and that the operator shall pay a special license fee. Section 36 provides-

That " the passenger compartment in any public service motor vehicle shall, if inclosed or partly inclosed, be so constructed as to give a free view of the interior," and that " no public service motor vehicles shall carry any person upon the running board, mud guard or hood."

Section 12 provides that every motor vehicle shall carry number plates bearing the registered number of the vehicle. Section 13 provides for a distinguishing number and mark for the motor vehicles of manufacturers, dealers, and repairers. Chapter 77, § 6, P. A. 1921, provides for special markers for jitneys. Section 12 of chapter 400, P. A. 1921 provides that the registration number of public service motor vehicles not jitneys may be special. This last provision clearly imports that, if the commissioner of motor vehicles deems that it is essential to the proper performance of his duty to enforce...