Nelson v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Chief Justice Hobson — •

Affirming.

*257In July, 1911, W. Bush Nelson, of Lexington, Kentucky, sold to the James Thompson Company of West Valley Falls, New York, eight carloads of hemp to he delivered in August. Nelson met the general agent of the Chesapeake & Ohio railroad company on the street and told him that he would want ears for making the shipment during the next month. In the latter part of July, Nelson’s clerk by telephone notified the shipping clerk of the railroad company that he would want two cars the next week. The shipping clerk said he did not know anything…