Ellington Co. v. City of Macon

Y. C. Ellington Company, a motor carrier for hire, other than a common carrier, filed a suit against the Mayor and Council of the City of Macon, to enjoin the enforcement of an ordinance of the defendant municipality providing for the registration of motor carriers operating upon the paved streets of the city and for the exaction from such carriers of a “compensatory fee” for the purpose of maintaining and repairing such streets, and for other purposes. The court sustained a general demurrer and *542dismissed the petition, and the plaintiff excepted. The ordinance provided that every motor…