Sequoia National Park Stages Co. v. Sequoia & General Grant National Park Co.

Action for injunction and damages. Judgment went for plaintiff for injunctive relief; damages disallowed. Defendant appeals.

Plaintiff corporation, as the successor of Overall and Askin, a copartnership, has since July 20, 1927, been engaged as a common carrier in the transportation of persons and property for hire by automobile over certain public highways of this state, including that portion lying between the city of Visalia and a point on or near the boundary line of Sequoia National Park known as Ash Mountain Park PTeadquarters and intermediate points under and by virtue of certificates of public convenience and necessity issued by the state Railroad Commission in accordance with the provisions of the Auto Stage and Truck Transportation Act, Statutes of 1917, chapter 213, page 330. The route above mentioned does not include the entire extent of plaintiff’s operations. By way of complaint it is alleged that defendant is and was at all times above mentioned a corporation and has since May 20, 1926, engaged in the business of transporting persons and property as a common carrier for hire over a regular route and between fixed termini, viz., the city of Visalia and the westerly…