Beck & Gregg Hardware Co. v. Associated Transport, Inc.

Candler, Justice.

This mandamus proceeding was brought in Fulton County by Beck & Gregg Hardware Company, a private corporation, against Associated Transport, Inc., a common carrier which operates under a certificate of convenience and necessity issued to it by the Public Service Commission under and pursuant to the provisions of Chapter 68-6 of the Code of 1933. In substance, the petition alleges: The plaintiff operates a wholesale hardware business and is dependent on common carriers both for receipt and delivery of its merchandise. The defendant, in violation of a public duty which the law…