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STATE v. FREDRICKSON MOTOR EXP.

No. 671.

59 S.E.2d 578 (1950)

232 N.C. 174

STATE ex rel. UTILITIES COMMISSION v. FREDRICKSON MOTOR EXP. et al.

Supreme Court of North Carolina.

May 24, 1950.

Attorney(s) appearing for the Case

Bailey & Holding, Raleigh, for Fredrickson Motor Exp., and Mrs. Mabel D. Burton, d/b/a Helms Motor Exp., and Miller Motor Exp., appellants.

Harry McMullan, Attorney-General, and John Hill Paylor, Assistant Attorney-General, for State of North Carolina ex rel. Utilities Commission, appellee.

Harry Rockwell, Harrell Pope, Smith, Wharton, Sapp & Moore, and W. Henry Hunter, Greensboro, for Winslow Truckers, Inc., applicant, appellee.

DEVIN, Justice.

The appellants challenge the propriety of the judgment below in affirming the issuance by the Utilities Commission of a temporary certificate or franchise to the applicant Winslow Truckers under the provisions of Chapter 1008, sec. 7, Session Laws 1947, now G.S. § 62-121.11, on the ground that the action of the Commission was taken without adequate proof of the facts found.

This statute was enacted in 1947 pursuant to the policy declared...

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