Keller V. Thornton Canning Co‪.‬

TOBRINER, J. This case turns on the shippers' contention that because the carrier lacked a required permit from the Public Utilities Commission authorizing its operations as a radial highway common carrier, it could not file suit to recover the minimum rates that it should have charged. Following a trial on special defenses, the court entered judgment for the shippers; the carrier appeals. We have concluded that the policies and provisions of the Highway Carriers Act preclude the shippers' defense to an action to recover the hauling tariff undercharges.