Smith Transfer Co. v. Robins Transfer Co.

LAWSON, Justice.

This declaratory judgment proceeding was instituted in the circuit court of Jefferson County, in equity, by Smith Transfer Company, Inc., against Robins Transfer Company, Inc., on December 12, 1951.

At the time the bill was filed the respondent, to which we will refer as Robins, was a common carrier of freight by motor vehicle and as such obtained in 1947 a certificate of public convenience and necessity (No. 769) from the Alabama Public Service Commission. The certificate authorizes Robins to operate as a common carrier by motor vehicle over irregular routes as follows: “(1)…