The Delta independent., 1925-02-13
Full Text of Decision
Ousting Davis Off
OF State Highway

Following is the full text of the de-
cision recently handed down by
Straud NJ. Logan, Judge of the Dis
trict Court pertaining to the suit of
the State Utilities Commission VS..
Clay Davis and the Merchants and
Manufacturers association of Delta
county:
We are concerned in this case with
the violation of a statute, generally
entitled Public Utilities" and par
ticularly, with Sections 2912. 2913,
2194 and 1869
Section 1912 defines a common car
rier
Section 2913 defines public utility.
Section 2914 specifies under what
particulars the operation of an auto
mobile or other vehicle may become
a public utility.
Section 1869 covers the remedy for
violation of this statute.
1t is not necessary for me to quote
these sections.
Important things to consider are the
following:
list: Is the service rendered by the
defendants or either of them, and
which is complained of as a violation
of the law, done for hire?
End: Is it of nature such as that
afforded by railroads?
2rd Is the service rendered in
competition with a railroad?
4th: Is the service of a public
nature?
5th; Does it affect a public interest
as defined in the statute?
9th: Is the service indiscriminate?
7th: Do defendants, or either of
them, come under the statutory defi-
milton of a common carrier?
Sth: Do they, or either of them,
come under the definition of public
utility?
9th; Only a public utility can be en-
Joined.
The first four propositions may be
admitted without further argument.
II one is inclined to doubt the fourth,
it is sufficient to say that the authori-
ties are uniform in holding that
trucks, automobiles, and liveries
carrying passengers or freight or ex-
press are performing service OF a
public nature. The answer to the
other points will follow from what
have to say. believe the following
propositions to be well established as
to law:
l. One may be a common carrier
and conducting public utility by
confining his services to either pass
engers or freight or express.
2: That in doing so he need not.
serve all the public all the time.
3. He may confine his services to
group or class, or, in other words,
select his customers
Undoubtedly. under the evidence.
the defendant. Henry C. Davis. CON
fined his business to the carriage OF
freight; he did not serve all OF the
public, but confined his business to
a group or class of customers: he
worked for hire: his business was
Of a nature as is afforded by rail
roads. and was in competition with
the railroad and was of public ma
ture.
The defendant, The Delta County
Merchants e Manufacturers Asso-
citation, performed no service to the
public other than the service to each
other, which was indirect. 1t did
not do anything for hire It did not
own nor operate nor maintain
means of transportation. but only
received the benefits accruing to It
through its contract with the defend.
ant, Henry c. Davis. The Associa-
tion was not his principal or master
The defendant Henry C. Davis Is the
owner OF the automobiles or trucks
which performed the services. His
services were performed for hire.
he did not do the work in the name
of the Association. but In his own
name; he was not the servant or
agent of the Association. 1t may be
true that without the arrangement
with the Association he would not
have violated the law, but we are
concerned only with the law. There