Webb

Appellant, who had a permit from the Railroad Commission of California to operate as a transportation company under the provisions of the Auto Stage and Truck 'Transportation Act (Stats. 1917, p. 330, and the acts amendatory thereof), instituted this action to enjoin respondents from transporting goods over the public highways of the state, alleging that they were operating as a transportation company as defined in the aforementioned act without a permit from the Railroad Commission. Judgment was rendered for respondents. This judgment is attacked here upon the ground that the findings upon which it rests are not supported by the evidence.

The facts in this ease are not involved and the law applicable to them is so well settled that an extended discussion of them is unnecessary.

The portions of the Auto Stage and Truck Transportation Act applicable here bring under its terms a transportation company operating as a common carrier over any public highway in the state between fixed termini, or over a regular route and not operating exclusively within an incorporated city and town. In Forsyth v. San Joaquin Light etc. Corp., 208 Cal. 397 [ 281 Pac. 620, 623 ], the Supreme Court…