Ashland Coal & Iron Co. v. Elswick

Opinion of the Court by

Judge Clarke

Affirming.

The Ashland Coal and Iron Railway Company and the Chesapeake & Ohio Railway Company by a trackage *508agreement operate their separate passenger trains over a single track from Ashland, via Seaton to Hitchens and beyond. The track from Ashland to Seaton is owned by the former and from Seaton to Hitchens by the latter. The only passenger depot at Hitchens is owned by the C. & 0. Ry. Co. at which both companies stop their trains and receive and discharge passengers. The agent in charge of this depot-is employed and paid by the C. & 0. Ry. Co. and sells…