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Jacksonville Bus Line Co. v. Watson

OPINION FILED MAY 31, 1951

JACKSONVILLE BUS LINE COMPANY, PLAINTIFF-APPELLANT,

v.

HERBERT WATSON, DEFENDANT-APPELLEE.



Appeal by plaintiff from the Circuit Court of Greene county; the Hon. L.E. WILHITE, Judge, presiding. Heard in this court at the May term, 1951. Reversed and remanded with directions. Opinion filed May 31, 1951. Rehearing denied September 4, 1951. Released for publication September 4, 1951.

MR. JUSTICE DADY DELIVERED THE OPINION OF THE COURT.

Rehearing denied September 4, 1951

This is an appeal from a decree of the circuit court of Greene county denying a writ of injunction sought by plaintiff-appellant, Jacksonville Bus Line Company, a corporation, to restrain defendant-appellee, Herbert Watson, from conducting bus operations between Roodhouse and East Alton on U.S. Route 67.

The chancellor heard the evidence and thereupon entered the decree appealed from.

The sufficiency of the pleadings is not questioned.

At all times in question plaintiff was authorized to transact and was doing business as a common carrier of passengers by virtue of Certificates of Public Convenience and Necessity issued by the Illinois Commerce Commission, on regular routes for compensation, including Route 67 between Jacksonville and East Alton, serving Roodhouse, Whitehall, Carrollton, Jerseyville, Alton and East Alton and all intermediate points.

At all such times defendant was a carrier of passengers for hire on Route 67 between Roodhouse and East Alton, by means of four motorbusses owned and operated by him and his bus drivers, and in so doing he served all intermediate points.

Defendant has not complied with the terms of the Public Utilities Act, claiming that the Illinois Commerce Commission did not have jurisdiction over his operations for the reason that he was a private contract carrier.

There was admitted in evidence by agreement a card which the defendant called his "Contract of employment" or "Ticket for carriage of passengers." On the face of the card was printed the following:

---------------------------------------- "1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ---------------------------------------- Expires Jan. Feb. Mar. April May June H. WATSON, Owner 405 W. Mulberry Street Jerseyville, Ill. Expires July Aug. Sept. Oct. Nov. Dec. --------------------------------------------- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31" ---------------------------------------------

On the back of the card was printed the following:

"WESTERN CARTRIDGE EMPLOYEES TRANSPORTATION CONTRACT

"In Consideration of the sum of $____ paid to the undersigned, H. Watson of Jerseyville, Illinois, he agrees to transport in his vehicle, of which he is the owner, the person who signs this Contract and is known as a Rider, between `Kane, Jerseyville and Alton' as designated opposite signature, to the plants of the Western Cartridge Company, Boxboard, Steel Mill, Glass Works, Flour Mill and Duncan Foundry in Alton and East Alton, Illinois, and return at least once a day if requested until the expiration of this Contract which is indicated on the reverse side.

"It will only be necessary for the Contract Rider to display this Contract to the one in charge of the transporting vehicle for examination ...


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