DocketNumber: No. 106
Citation Numbers: 218 Md. 566, 147 A.2d 761, 1959 Md. LEXIS 303
Judges: Hammond
Filed Date: 1/20/1959
Status: Precedential
Modified Date: 11/10/2024
delivered the opinion of the Court.
On October 10, 1957, The Baltimore and Annapolis Railroad Co., a Maryland corporation, operating as a common carrier of persons by motor bus for hire between fixed termini within the State of Maryland, two of which were Baltimore and Annapolis, asked the Public Service Commission to order The Baltimore Motor Coach Company, a similar
The Baltimore Motor Coach Company, in its answer, admitted that the transportation was proposed but said that it was a charter operation not subject to the jurisdiction of the Commission and not in violation of the provisions of Art. 78. A hearing was held on October 16, 1957, at which witnesses were produced for both sides, and argument heard. On October 17, 1957, the Commission filed its opinion and order, dismissing the complaint and denying the relief sought by The Baltimore and Annapolis Railroad Co.
Almost two months later, on December 10, 1957, and more than a week after the last trip complained of had taken place, the Railroad Company filed in the Circuit Court of Baltimore City a petition for review of the order of the Public Service Commission. After a hearing, the Circuit Court, on April 7, 1958, affirmed the order of the Commission and dismissed the petition for review. The Railroad Company appeals.
The Public Service Commission has moved to dismiss the appeal on the ground that the case is moot, and we think the motion must be granted. The action which the Railroad Company sought to prevent took place and was fully accomplished over a year ago, in fact, before there was an appeal to the Circuit Court. What we said and held in Lloyd, v. Super
Code, 1957, Art. 78, Sec. 93 (b), provides that every proceeding before the trial courts coming from the Public Service Commission “shall be preferred over all other civil causes except election causes in all the courts of this State, irrespective of their position on the dockets * * *.” Where there has been a necessity to do so, this Court has decided appeals within a few days of the judgment or decree appealed from. We have no doubt that an appeal from the Public Service Commission in a situation such as confronted the Railroad Company, if promptly initiated and vigorously prosecuted,
Appeal dismissed, costs to be paid by appellant.
. Wc were told at the argument that only one game is scheduled in Baltimore in 1959 and that the new Naval Academy stadium in Annapolis and poor attendance in Baltimore may, in the future, eliminate all Naval Academy football team appearances in Baltimore.