Frankfort & Cincinnati Railway Co. v. Jackson

*535Opinion op the Court by

Judge Carroll

Eeversing.

On December 27, 1902, the appellee, J. P. Jackson and the Frankfort & Cincinnati Eailway Company, hereafter called the F. & C., entered into a written contract by the terms of which the F. & C. agreed to deliver coal at an elevator previously erected and owned by Jackson in the city of Georgetown. The contract stipulated that,

“The said Jackson agrees to provide a suitable approach from the track of said company to the elevator in accordance with the plans of said company’s engineer and submitted to the General Superintendent of said company, said…