MARION TRUCK. CO., INC. v. McDANIEL F. LINES, INC.

No. 28,918.

231 Ind. 519 (1952)

108 N.E.2d 884

MARION TRUCKING COMPANY, INC. v. McDANIEL FREIGHT LINES, INC.

Supreme Court of Indiana.

Rehearing denied January 6, 1953.


Attorney(s) appearing for the Case

George O. Cowan, Cowan & Smith, and Gustav Dongus, Davis, Hartsock & Dongus, all of Indianapolis, and Harding & Harding of Crawfordsville, for appellant.

Ferdinand Born of Indianapolis, Walter W. Spencer and Raymond O. Evans, both of Crawfordsville, for appellee.


DRAPER, J.

The appellee brought this action to restrain and enjoin the appellant from operating as a common carrier along a certain described route in the state of Indiana, and for damages.

The complaint alleges that the appellee is the owner and holder of a certificate of public convenience and necessity authorizing it to transport property as a common carrier over and along Indiana state highway No. 43 between the cities of Crawfordsville and Lafayette,...

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