PEOPLE v. UNITED AIR LINES (1954)

Supreme Court of California, In Bank.

PEOPLE of the State of California, Plaintiff and Appellant, v. UNITED AIR LINES, Inc., a corporation, Defendant and Respondent.

S. F. 18900.

Decided: April 02, 1954

Everett C. McKeage and J. Thomason Phelps, San Francisco, for appellant. Treadwell & Laughlin, Edward F. Treadwell, Reginald S. Laughlin, Colin C. Kelley, San Francisco, Mayer, Meyer, Austrian & Platt, John T. Lorch and Edmund A. Stephan, Chicago, Ill., for respondent.

This appeal is from a judgment of dismissal after a demurrer to the complaint had been sustained without leave to amend. This defendant concedes that the Public Utilities Commission has the power of regulatory control over transportation companies by direct grant from the state constitution. Otherwise the issues are the same as those involved in the case of People v. Western Air Lines, Inc., Cal.Sup., 268 P.2d 723. The concession does not affect the result.

The judgment is reversed.

For the reasons and upon the grounds stated in my dissenting opinion in People v. Western Air Lines, Inc., Cal.Sup. 268 P.2d 723, this day filed, I would affirm the judgment.

PER CURIAM.

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