Owensboro City Railroad v. Owensboro Fuel Co.

Opinion of the Court by

Judge Sampson

Affirming.

At the time of tile commencement of this action the Owensboro Fuel Company was and had been for some months previous, engaged in operating a coal mine near the city of Owensboro, to which mine the Owensboro City Railroad Company had projected its track and had been hauling and transporting all the coal which the fuel company produced at its mines to its tipple in the city of Owensboro, and to the various railroad connections in that city. The fuel company had no other means of transporting its product from the mine except over the lines of the…