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MITCHELL BROS. TRK. LINES v. HILL

227 Or. 474 (1961)

363 P.2d 49

MITCHELL BROS. TRUCK LINES v. HILL, PUBLIC UTILITY COMMISSIONER

Supreme Court of Oregon.

Affirmed in part reversed in part and remanded with instructions June 21, 1961.

Petition for rehearing denied July 10, 1961.

Attorney(s) appearing for the Case

E. Wayne Cordes, Portland, argued the cause for appellant. With him on the briefs were White, Sutherland and White, Portland.

John F. Weisser, Assistant Attorney General, Salem, argued the cause for respondent, cross-appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and Lloyd G. Hammel, Assistant Attorney General.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH INSTRUCTIONS.

PERRY, J.

The plaintiff, as a motor carrier of freight, is required by law to pay a tax for the use of the public highways. The defendant (hereinafter referred to as the "commissioner") caused an audit to be made of the plaintiff's reported operations from June, 1949, to and including December, 1952, and as a result of this audit additional taxes with interest were assessed against plaintiff...

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