Duncan v. Jonesboro , 175 Ark. 650 ( 1927 )

Hart, C. J.,

(after stating the facts). The ruling of the .circuit court was wrong. Under the agreed statement of facts the defendant was operating a motor vehicle under the provisions of act 99 of the Legislature of 1927, placing commercial motor transportation under the Arkansas Railroad Commission in. certain cases. Acts of 1927, p. 257. The defendant operated a motor vehicle between the city of Jonesboro and the town of Nettleton. It was operated over a fixed route, and had fixed termini. It did not 'make any difference that most of the money made by the carrier was in transporting passengers within the city of Jonesboro and to various places along the line in the country. He had complied with the terms of the statute, and the Arkansas Railroad Commission had granted him a permit to operate a motor vehicle between the city of Jonesboro and the town of Nettleton.. He had a right to receive passengers at stations along the line of his route, or to accept and receive passengers and discharge them on signal. This is the business carried on by him, and he was subject to regulation under the act in question, and was not subject to regulation by the city of Jonesboro as a person or company operating taxicabs within the city limits, as defined in the case of State of Arkansas v. Haynes, ante p. 645, this day decided.

It follows. that the judgment of the circuit court should be reversed, and, .inasmuch as the case was tried upon an agreed statement of facts, the prosecution will be dismissed here. It is so ordered.