State v. Wiergate Lumber Co., Inc.

CLAYTON, Justice.

The State of Texas, appellant, brought this suit against appellees, Robert Powell and Wiergate Lumber Company, Inc., to enforce the provisions of Tex.Rev.Civ.Stat. Ann. art. 911b (Vernon Supp. 1978), commonly known as the Texas Motor Carrier Act. The State sought civil penalties and an injunction under the provisions of Sec. 16(b) and 16(c) of Article 911b.

The State alleged that Robert Powell acted as a motor carrier by transporting lumber and lumber by-products from the facilities of Wiergate to various cities within the State of Texas for compensation or hire on sixty…