Chesapeake & O. Ry. Co. v. Gorman

Opinion op the Court by

Judge Thomas

Reversing.

The appellees, and defendants below, Charles E. Gorman and Arthur Gorman, á partnership doing business under the name of Gorman Construction Company, were constructing a section of a state highway in Floyd County, Kentucky, in 1938, under a contract they had entered into with the State Highway Commission.

An essential material in the performance of their contract was crushed rock, which was transported from a quarry located within this Commonwealth to a nearby station called Eastern on appellant’s railroad traversing Floyd county. There was a depot…