Louisville & Nashville Railroad v. Franklin's Administrator

Opinion of the Court by

Judge Hannah

Reversing.

The Rose Creek Coal Company operates a mine in Hopkins County, near Nebo,’ which is served by the Louisville & Nashville Railroad Company. A spur leaves, the main line of the railway at Nebo and runs back about a, mile to the mines of the coal company. A single track operated by the railroad company passes under the ■tipple of the coal company and terminates about three hundred yards above it. ■ The grade of this track rises as it passes under- the tipple and approaches the end of the track. Empty cars intended to be loaded with coal are placed by…