Louisville & N. R. v. Conasauga River Lumber Co.

The L. N. Railroad Company instituted this action to recover compensation for the use of approximately three thousand tons of rails and splices used by the defendant Conasauga River Lumber Company to build thirty-five miles of railroad into its timber lands located in Polk County, Tennessee, and in the State of Georgia.

Practically all of the rails and splices were delivered to defendant's predecessors. They were in place in 1922 when defendant by contract with the Railroad Company assumed the obligation of its predecessor, Tennga Lumber Company, and agreed to pay for the use of said material…