Haynes v. MacFarlane

SHENK, J.

This is an appeal from a judgment enjoining the defendant from transporting property by autotruck for compensation between Fresno and Hanford and from performing any further services as a transportation company in the carriage of property for compensation between said termini until he shall have obtained a certificate of public convenience and necessity from the Railroad Com

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mission. The judgment also awarded the plaintiffs seven hundred dollars as damages suffered by them at the hands of the defendant.

The judgment was based on a stipulation of facts wherein, among other things, it was agreed that if judgment should go for the plaintiffs the damages suffered by the plaintiffs should be deemed to be seven hundred dollars.

At all of the times mentioned in the controversy between the parties the plaintiffs were and are engaged in the business of a common carrier of freight by autotruck between Fresno and Hanford, and during all of said times have held and now possess a certificate of public convenience and necessity issued by the Railroad Commission permitting them to operate a truck line for the transportation of freight for hire between said points. On or about July 3, 1926, the plaintiffs filed a complaint with the Railroad Commission against the defendant, alleging that he was engaged in the business of a common carrier of freight by autotruck between Fresno and Hanford without a certificate of public convenience and necessity therefor from the Railroad Commission. The commission, after notice to the defendant and a hearing, found in accordance with the allegations of the complaint and ordered the defendant to discontinue his business so conducted, making the order effective as of April 26, 1927. Prior to the effective date of the order the defendant arranged with his customers for the carriage of freight by written order only. On April 27, 1927, or the day after the effective date of the order of the commission, the defendant entered into seven written contracts with his former customers for the continued carriage of such freight for hire between said points, and, unless restrained by order of the court, intends to and will accept and enter into at least twenty additional contracts for the carriage of freight for hire between said points with individuals, firms and corporations, including some who may be customers of the plaintiff, and all of whom will be wholesalers or retailers of merchandise in the cities of Fresno and Hanford. These contracts are identical in form except as to the name of the shipper, who is the party of the second part, the defendant being the party of the first part. It is recited therein that whereas the party of the second part-“is desirous that the party of the first part perform for him certain hauling of