Legal Opinion · Dissent

Beaver Express Service, Inc. v. Railroad Commission

Court of Appeals of Texas

Decided March 25, 1987No. 14620Published

1DissentBrady, Justice

I respectfully dissent.

First, I pay high respect to the majority opinion for its attempt to formulate a logical construction for this complex and confused statute. As stated, art. 911b is a patchwork statute riddled with specific specialized exceptions but intended to be a broad regulation of all the state’s commercial motor carriers.1 Although it is the duty of the courts to attempt to construe legislation in a manner to avoid seemingly illogical results, the literal language of this statute and its accompanying statements of legislative purpose suggest that the Legislature intended a much…

2Cases cited5 opinions

  1. Alamo Express, Inc. v. Railroad CommissionTexas Supreme Court · 1966
  2. Dye Trucking Company v. MillerCourt of Appeals of Texas · 1965
  3. Railroad Commission v. United Parcel Service, Inc.Court of Appeals of Texas · 1981
  4. Railroad Commission v. United Parcel Service, Inc.Texas Supreme Court · 1981
  5. Railroad Commission of Texas v. Central Freight Lines, Inc.Court of Appeals of Texas · 1968

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