(Download) "Williams v. Lee County Sheriffs Department" by Mississippi Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Lee County Sheriffs Department
- Author : Mississippi Supreme Court
- Release Date : January 29, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Carriers — Motor Vehicles — Act Imposing License Fee Constitutional — Competition — Injunction — Public Highways. Carriers — Motor Vehicles — Injunction Lies to Prevent Competitors to Operate Against Objection of Licensed Carrier. 1. Injunction lies at the instance of a carrier of passengers and their luggage by means of motor vehicles operating between fixed termini under a license issued to him by the state Railroad Commission under Chapter 154, Laws of 1923, to prevent a competitor, operating without a license, from conducting the same business over the same route, the fact that under said chapter a penalty is attached to operating without a license or the injured licensee may maintain an action to recover damages not depriving a court of equity of jurisdiction to issue the writ on the theory that an adequate remedy is provided by law. Same — Motor Vehicles — License to Operate is Property. 2. The certificate issued by the state Railroad Commission to an operator of a motor-bus line under the provisions of Chapter 154, Laws of 1923 — whether considered as a license, a permit or a franchise — is essentially a species of property the value of which is dependent upon the exclusiveness of the privilege conferred. Same — Licensing Operators of Motor Vehicles for Compensation — Act Constitutional. 3. Held, that section 4 of Chapter 154, Laws of 1923, providing that no person shall operate motor vehicles on the public highways for compensation without first having obtained a license, is not violative of section 27 of Article III of the state Constitution, providing that no person shall be deprived of liberty or property without due process of law. Same — Public Highways — Use for Conducting Business of Carrier not Inherent Right. 4. No person has the inherent right to use the public highway for the conduct of the business of a common carrier for private gain, where the state has undertaken to regulate the subject, without first obtaining its consent. Page 473