Hough-Wylie Co. v. Lucas
Supreme Court of North Carolina
Appeal by defendants W. C. Lucas, Pearlie M. Lucas, and A. B. Cox, trading as Piedmont Trucking Company, from Pattoji, Special Judge, November Extra Civil Term, 1951, of Mecklenbubg.
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Appeal by defendants W. C. Lucas, Pearlie M. Lucas, and A. B. Cox, trading as Piedmont Trucking Company, from Pattoji, Special Judge, November Extra Civil Term, 1951, of Mecklenbubg. Civil action by plaintiff shipper against W. C. Lucas, Pearlie M. Lucas, and A. B. Cox, trading as Piedmont Trucking Company, as holders of intrastate motor vehicle common-carrier certificate of convenience and necessity, hereinafter referred to as lessors; and Piedmont-Oarolina Lines, Inc., lessee of the operating rights evidenced by the certificate of convenience and necessity, hereinafter referred to as…
1Opinion of the CourtJohnson, J.
The demurrer filed by the lessors presents for decision the question whether a lease of intrastate motor vehicle common-carrier operating rights, approved by the Utilities Commission, releases the lessors, holders of the certificate of convenience and necessity, from liability for the nonperformance of franchise duties or torts incident to operations.
Decision turns in large part on construction and application of the provisions of Chapter 1008, Sessions Laws of 1941, codified as G.S. 62-121.5 through 62-121.42, known as the North Carolina Truck Act, hereinafter referred to as the Truck Act.
Sub…
2Cases cited13 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Dixie Stage Lines v. AndersonSupreme Court of Alabama · 1931
- Attorney General v. Haverhill Gas Light Co.Massachusetts Supreme Judicial Court · 1913
- Frank Martz Coach Co. v. Hudson Bus Transportation Co.Supreme Court of New Jersey · 1945
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3Cited by3 opinions
- Watkins v. MurrowSupreme Court of North Carolina · 1961
- Young v. Santa Fe Trail Transportation Co.Supreme Court of Kansas · 1956
- State ex rel. Utilities Commission v. ColterSupreme Court of North Carolina · 1963