Louisville Transit Co. v. Dept. of Motor Transp.
| Decision Date | 27 January 1956 |
| Citation | 286 S.W.2d 536 |
| Parties | LOUISVILLE TRANSIT CO., Appellant, v. DEPARTMENT OF MOTOR TRANSPORTATION et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Bullitt, Dawson & Tarrant, Louisville, Hazelrigg & Cox, Frankfort, for appellants.
J. D. Buckman, Jr., George M. Catlett, Frankfort, Alan N. Schneider, Louisville, for appellees.
WADDILL, Commissioner.
The question presented by this appeal is whether or not the Franklin Circuit Court erred in dismissing the appeal of the Louisville Transit Company from an order entered by the Department of Motor Transportation on September 29, 1952, fixing bus fares in the City of Louisville. The circuit court dismissed the appeal because the court was of the opinion that the issues raised by the appeal were moot. Accordingly our review is limited to this aspect of the case.
On February 29, 1952, the appellant, Louisville Transit Company (hereinafter called Transit), filed an application before the Department of Motor Transportation (hereinafter called Department) for an increase in bus fares to 15 cents cash for a ride with transfer privileges, 12 1/2 cents a token for a ride without transfer and one-half fare for school children. This application was opposed by the appellee, City of Louisville. Lengthy hearings were held upon this application, resulting in an order of the Department rendered on September 29, 1952, allowing an increase in fares less than that sought by Transit. Thereafter, Transit prosecuted an appeal from that order to the Franklin Circuit Court under KRS 281.780 and 281.785.
While that appeal was pending in the Franklin Circuit Court, Transit was confronted with a new union contract which would increase its operating expenses. To avert a strike, Transit yielded to the union's demand, granted a wage raise to its employees and sought an immediate hearing upon its new application for another bus fare increase which it had filed on January 12, 1953, pursuant to an alleged agreement with the City of Louisville.
On February 12, 1953, the hearing began on Transit's new application for a fare increase. At the opening of this hearing the Commissioner of Motor Transportation stated:
'This hearing is on the application of the Louisville Transit Company for an increase in its fares, sufficient only to off-set the additional expenses which the Company will incur as a result of the new wage contract with its employees, * * *.
* * *
* * *
'I should like to state for the record that this hearing, or the Final Order entered as a result of this hearing, will not in any way prejudice any party in regards to the appeals * * * now pending in the Franklin Circuit Court.'
However, the concluding part of the Commissioner's statement is not binding either on the circuit court or this court.
On February 13, 1953, following the completion of the hearing, the Department entered an order fixing Transit's fares at 15 cents cash for a ride plus transfer, and 12 1/2 cents per token for a ride without transfer. No appeal was prosecuted from that order.
On March 30, 1954, the City of Louisville filed a motion in the Franklin Circuit Court to dismiss as moot Transit's appeal from the Department's order of September 29, 1952. In support of the motion it was urged that the Department's order of February 13, 1953, had fixed Transit's fares at the amount sought by Transit in 1952, and inasmuch as Transit was now collecting the fares contended for on the appeal, a judgment if rendered in favor of Transit on the merits of the case would not have any practical legal effect upon the controversy. The circuit court sustained the motion, and dismissed the appeal.
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