Louisville & Nashville Railroad v. Central Kentucky Traction Co.

Opinion op the Court by

Judge Winn —

Reversing.

On July 25, 1893, tbe appellant Eailroad Company and tbe Capital Eailway Company entered into tbe following contracts:

“WHEEEAS, Tbe Capital Eailway Company of Frankfort wishes to cross with its street-car railway, tbe main track of tbe Louisville & Nashville Eailroad at Ann street, in tbe city of Frankfort, Ky., and

“WHEEEAS, Tbe Louisville & Nashville Eailroad Company has consented that said Capital Eailway Company may make said crossing upon tbe terms and conditions set forth herein, to-wit:

*514“NOW, THEREFORE, This contract, made • and 'entered into…