Legal Opinion

Jewel Tea Co. v. City Council of Augusta

Court of Appeals of Georgia

Decided December 5, 1938No. 27093PublishedCited by 3 opinions

1Opinion of the CourtMacIntyre, J.

“In the absence of Federal regulation and control the States have the undoubted right to regulate motor vehicles *261operating for hire as common carriers.” Pond on Public Utilities, 769, § 708. However, a city ordinance contravening the common right can not be legally passed unless power to do so be plainly conferred by valid, competent, legislative grant. The ordinary use of the streets for delivering and transportation of goods by the owners to and from their residences and places of business is the usual and ordinary right of the citizen, a common right, a right common to all. The original…

2Cases cited3 opinions

  1. Ex parte DickeyWest Virginia Supreme Court · 1915
  2. State v. . GulledgeSupreme Court of North Carolina · 1935
  3. Quigg v. State ex rel. RadelSupreme Court of Florida · 1922

3Cited by3 opinions

  1. Cobb County v. City of SmyrnaCourt of Appeals of Georgia · 2004
  2. Weber v. City of AtlantaCourt of Appeals of Georgia · 1976
  3. Bunn v. City of AtlantaCourt of Appeals of Georgia · 1942

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