Louisville & Nashville Railroad v. Queen City Coal Co.
Court of Appeals of Kentucky
Case 38 — PETITION ORDINARY APPEAL EBOM LAUREL CIRCUIT COURT. 1. On a former appeal .in this case the 'Superior Court held that where ■a railroad company by a strike of the miners at coal mines from which it had been accustomed to obtain a large .part of the coal which it used in the operation of 'its road, was compelled to seek other fields for a supply, thus making it necessary to withdraw its engines and cars; from that line of its road and use them in carrying coal for…
Read the full summary
Case 38 — PETITION ORDINARY APPEAL EBOM LAUREL CIRCUIT COURT. 1. On a former appeal .in this case the 'Superior Court held that where ■a railroad company by a strike of the miners at coal mines from which it had been accustomed to obtain a large .part of the coal which it used in the operation of 'its road, was compelled to seek other fields for a supply, thus making it necessary to withdraw its engines and cars; from that line of its road and use them in carrying coal for its own consumption, these facts constituted a ■sufficient excuse for its refusal to furnish the owners of a coal mine on…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
East Bernstadt is a station on the Knoxville branch of the L. & N. R. R., and situated within the territory wherein coal mining is carried on, known as the Laurel district. The Queen City Coal Co. operated a mine and shipped its coal from East Bernstadt on appellant’s road. After the middle of August, 1887, until some time in the following September the appellant refused to furnish appellee coal cars for the shipment of coal. It had been the custom of the appellant to so furnish coal cars to the appellee previous to that time. On or about the…
2Cases cited2 opinions
- Thayer v. BurchardMassachusetts Supreme Judicial Court · 1868
- H. & T. C. R'y Co. v. SmithTexas Supreme Court · 1885
3Cited by4 opinions
- Illinois Central Railroad v. River & Rail Coal & Coke Co.Court of Appeals of Kentucky · 1912
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
- Johnson v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1918
- Atchison, Topeka & Santa Fe Railway Co. v. PeopleAppellate Court of Illinois · 1906