City of Ballinger v. Boyd

BLAIR, Justice.

This appeal is from an order granting a temporary injunction restraining appellant, the City of Ballinger, Texas, from enforcing its taxicab ordinance against ap-pellee, Homer Boyd.

The ordinance was enacted under the provisions of Art. 1016, R.S.1925, appellant City having a population of less than 5,000. It requires a license and a fee therefor to operate a taxicab on the streets of appellant within the city limits. Appellant City owns a municipal airport (Bruce Field), located about four miles outside of or 'beyond its limits, and the ordinance prescribes not only the rates…