Untitled Texas Attorney General Opinion ( 1939 )

.,
TISE ATTORNEY GENERAL
OF TEXAS
Gerald C. Mann AUHTXN 11. TRXAS
*--I;= o-&s.
Railroad Commlsslon of Texas .~ Oplnlon uo. O-1401
AImtIn, Texas Rer Application of Motor Car-
rier Law to operation of truck
Attention! Walton De Hood for purpose of transporting oil
and gasoline under the provl-
sions of a lease contract exe-
cuted between J. Lawton Thomas
Dear Sir: and Lewis 011 Company.
We acknowledge receipt of your letter of September 8
1939, in whlah you request the opinion of this department on the
following stattement of facts, which we quote. from your letter8
“1 hand you herewith Lease Contract exeouted by
and between J. Lawton Thomas, first. party and Lewis
011 Company, second party, for the purpose of trans-
porting 011 and gasoline.
*It will be noted la paragraph 3 of this .contract
that first party Is to reoeive a oent per gallon for
eaoh fifty miles hauled.
UParagraph 4 stipulates first party shall furnish
all gasoline, 011 and grease used In the operation of
said truok.
*Paragraph 5 states that fU?st party shall keep
truok in good rumlng order at his own expense, eto.
*Paragraph 6 attempts to place all liability State, supra.
It Is the opinion of this department that the question
of whether or not the operation of a truck under the lease con-
tract submitted to us Is In violation of,the provisions of Artl-
cl6 911b, above referred to Is an issue of fact which must be
passed upon by a jury. We do not Intend, by this opinion, to
indicate that such operation of trucks Is not In violation of
the law, nor that it should be condoned, but rather that this
Department has no authority to render any decision which invades
the office and province of a jury.
Yours very truly
ATTORNEY
GENRRALOF TRXAS
By /,s/ Ross Carlton
Ross Carlton, Assistant
APPROVRD:OCT 20, 1939
/s/ Gerald C. Mann
ATTORNEYGEXERAL.OF TFXAS
APPROVED:OPINIONCOMMITTGE
BYr BWB, CHAIRMAN
RCrGOrwb