Black Mountain Corp. v. Peace

Opinion of the Court by

Judge Thomas

Reversing.

The appellant and plaintiff below, Black Mountain Corporation, operates a coal mine in Harlan county, Ky., situated one and a half or two miles from the town of Evarts, which is one of the fifth class. From it a spur track of the Louisville & Nashville Railroad runs to the tipple and plant of plaintiff; but it does not own the spur track, nor has it anything to do with its operation, maintenance, and upkeep* and uses it no dif ferently than any other one who sees proper to employ it in the hauling of freight, the greater portion of which consisted…