Cowan

Appellant brought this action for damages upon the theory that it was authorized by the Railroad Commission to engage in the transportation of property by motor vehicle between the cities of Los Angeles, San Bernardino and Riverside, and that respondents were competing with appellant in such business in violation of an order of the Railroad Commission that they desist from such transportation and without having the necessary certificate and authorization from said commission as required by the Auto Stage and Truck Transportation Act (Chap. 280, p. 457, Stats. 1919). The allegations of the complaint as to damages suffered is that the exact amount of property transported by respondents in such competition is unknown to appellant but was in excess of 4,000 tons, for which respondents received in excess of !$3 6,000, and was property which would have been transported by appellant but for the competition of respondents.

Respondents declare in their brief that “no evidence was offered to support any contention on the part of the plaintiff that subsequent to the order of the railroad commission they (respondents) had violated said order”. The reply brief does not call our attention to…