ROBERT McDANIEL TRUCKING CO. v. OAK CONST. CO.

Docket No. 73, Calendar No. 48,369.

359 Mich. 494 (1960)

102 N.W.2d 575

ROBERT McDANIEL TRUCKING CO., INC., v. OAK CONSTRUCTION COMPANY.

Supreme Court of Michigan.

Decided April 12, 1960.


Attorney(s) appearing for the Case

Wilber M. Brucker, Jr., for plaintiff.

Burke & Osgood (John B. Osgood, of counsel), for defendant.

Amicus curiae:

William B. Elmer (Sullivan, Elmer, Eames & Moody, of counsel), for Aggregates Carriers of Michigan, Inc.


CARR, J.

The facts and issues in this case were stipulated in circuit court and the cause submitted to the trial judge for determination. During the summer of 1958 and for some time prior thereto plaintiff was engaged in the business of hauling sand and gravel as a common carrier under a certificate of authority issued to it by the Michigan public service commission. Under date of May 10, 1957, the commission by order specified minimum rates to be

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