Charles Evans Whittaker

“ Surely such "use" of a private restaurant by a motor carrier as results from stopping and opening its buses in front of or near a restaurant does not make the restaurant a facility "operated or controlled by" the carrier, within the meaning of 203 (a) (19) or in any true sense. ”

“ The lessee is obligated to `comply with the requirements of the Department of Public Health, City of Richmond, and with all other lawful governmental rules and regulations.' The context, however, indicates that this requirement is for the purpose of keeping the premises in a neat, clean, and orderly condition, and does not render the lessee liable for violations of the Interstate Commerce Act. ”

“ In truth, the record does not even show the name of the carrier on which petitioner was traveling or identify it other than as "Trailways." [5] On [364 U.S. 454, 468] the other hand, the assistant manager of the restaurant testified, without suggestion of contradiction, that " [t] he company that operates the restaurant is not affiliated in any way with the bus company," and that " [t] he bus company has no control over the operation of the restaurant." ”