George Sutherland

“ Other contentions advanced by defendants we find so clearly lacking in merit that we dismiss them without special consideration.
It results from the foregoing that the judgment below, in so far as it makes applicable the contract rates within the annexed territory cannot be sustained. The contract rates apply only to the town of Decatur, as it existed when the contract was made. To apply them to additional territory is to impose a burden upon defendants outside the contract. We find no other error ”

“ They further contended that, in any event, the five-cent fare should be limited to passengers entering cars at the termini of the line in Atlanta and Decatur and not to those entering at intermediate points, and that, because of changed conditions since the contract was made, the five-cent fare was confiscatory. ”

“ Upon an application made by the defendants, after the disposition of the mandamus proceeding, the Railroad Commission had fixed a seven-cent fare on lines not covered by the contract and required the defendants to furnish, during rush hour periods, additional seating capacity, and, on the main Decatur and College Park routes, to operate trailers during such rush hours. ”

“ This conclusion, involving, as it does, a construction of the state Constitution and laws and powers of state municipalities, is controlling upon this court, as it has decided many times. See for example, Old Colony Trust Co. ”

“ That court held that its judgment upon the first writ of error became the law of the case and was res judicata and therefore precluded a further review and the decree of the trial court was affirmed. 153 Ga. 329, 111 S. E. 911. Deprivation of rights under the federal Constitution was duly and properly asserted. The case is here on writ of error. From motives of caution defendants also filed a petition praying the issuance of a writ of certiorari, consideration of which was postponed to await the hearing on the writ of error. ”