Ohio-West Virginia Co. v. Chesapeake & Ohio Ry. Co.

Lively, Judge;

In June, 1923, plaintiff was operating a service station at Mabscott, Raleigh County, and retailing to its customers gasoline and kerosene. It had installed tanks near a side track of defendant into which it unloaded, by means of pipes and pumps, the tank cars containing these oils and gases consigned to it. A car consigned to plaintiff by Great Eastern Refining Corporation at Catlettsburg, Kentucky, was.set in on the side track by defendant and the freight bill delivered to plaintiff by defendant described the contents as 8095 gallons of gasoline, when in fact the contents of…