State v. Woodville Lumber Co., Inc.

KEITH, Justice.

The State appeals from an adverse judgment rendered after a bench trial wherein it sought a permanent injunction and penalties for the alleged violation by the defendants of Tex.Rev.Civ.Stat.Ann. art. 911b, § 16(b)-(c) (Supp.1977), commonly known as the Texas Motor Carrier Act.

The State alleged that upon sixty separate days the defendant Screws acted as a “motor carrier” in transporting lumber and lumber by-products from the manufacturing plant of Woodville Lumber Company, in Tyler County, to various cities in Texas for compensation or hire as a “contract carrier” in violation…