Dye Trucking Company v. Miller

PHILLIPS, Justice.

This case presents the question of whether the term “batch cement,” as used in a Specialized Motor Carrier Certificate held by Appellant Dye Trucking Company, permits the appellant to transport the commodity “bulk cement.”

In the trial court appellant claimed that under the term “batch cement,” as used in its certificate, it is fully entitled to transport bulk, dry cement, unmixed with water, sand or any other substance, the dry cement not being contained in sacks, packages or other containers, for hire over the highways of the State of Texas not to exceed 350 miles in…