Louisville & Nashville Railroad v. Mercer

Opinion of the Court by

Judge Miller

Affirming.

The appellee, J. E. Mercer, who was the plaintiff below, operated a coalyard in Bowling Green at the corner of Clay and Twelfth streets. He had a frame coal office-situated on the corner of his yard about fifty feet from a switch which extended from the appellant’s main track. Immediately adjoining the office, and under the same roof, Mercer had scales upon which he weighed coal wagons. He also weighed for other persons whenever, they applied; and one of his customers was a man who owned a lime crusher in the neighborhood.

On the occasion of the…