Legal Opinion · Dissent

State ex rel. Schroath v. Condry

West Virginia Supreme Court

Decided May 18, 1954No. 10664Published

1DissentHaymond, Judge

Though I concur in the view of the majority that the petitioners are not a common carrier and may not be made a common carrier, contrary to fact, by mere legislative fiat, I dissent from the holding of the majority that, as owners of a passenger motor vehicle leased to another person for compensation for the private use of the lessee, they are entitled to a Class A registration card and license plate for such vehicle and that the issuance of such registration card and license plate may be compelled by a writ of mandamus in this original proceeding.

The portion of Section 2, Article 1, Chapter…

2Cases cited32 opinions

  1. Frost & Frost Trucking Co. v. Railroad Comm'n of Cal.Supreme Court of the United States · 1926
  2. Smith v. CahoonSupreme Court of the United States · 1931
  3. Anniston Manufacturing Co. v. DavisSupreme Court of the United States · 1937
  4. Western & Atlantic Railroad v. HendersonSupreme Court of the United States · 1929
  5. Michigan Public Utilities Commission v. DukeSupreme Court of the United States · 1925

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