State Ex Rel. Board of Railroad Commissioners v. Lischer Bros.

This appeal is now before us on a resubmission after rehearing granted. On the original submission the decree of the trial court dismissing the plaintiff’s petition and dissolving a temporary injunction was affirmed. That opinion appears in 261 N. W. 634.

In this case the plaintiff’s petition alleges that the defendants, a copartnership, have for some time been operating a motor vehicle or vehicles for transportation of freight for compensation between fixed termini and over a regular route, without first procuring a certificate of convenience and necessity from the board of railroad…