Bay Cities Transit Co. v. City of Los Angeles

The question for determination in this case is controlled by our decision this day filed in the case of Los Angeles Railway Corporation v. City of Los Angeles, L. A. No. 17460, post, p. 779 [ 108 Pac. (2d) 430 ]. The opinion of the District Court of Appeal, Second District, Division Two, to which the appeal herein was originally taken, contains a statement of the facts and a determination of the controversy in conformity with the views of this court expressed in its opinion in Los Angeles Railway Corporation v. City of Los Angeles, supra. We, therefore, adopt the per curiam opinion of the District Court of Appeal as the opinion of this court. It is as follows:

Plaintiff commenced this action to prevent the board of public utilities and transportation of the city of Los Angeles from interfering with the operation of plaintiff’s bus line on the speedway in the Venice district of said city. Plaintiff contends that ordinance No. 58198, under the terms of which the city claims the right to divert the plaintiff’s buses from the speedway, is ineffective for this purpose, since the subject matter of the ordinance is under the control of the railroad commission of the State of California.…