Chesapeake & Ohio Railroad v. Coleman Fruit Co.

Opinion op trie Court by

Judge Thomas

— Reversing.

Appellee and plaintiff below, Coleman Fruit Company, a corporation, was engaged in tbe wholesale fruit business in Pikeville, Ky. On September 6, 1923, there was consigned to it from Louisville, Ky., over the line of the appellant and defendant below, Chesapeake & Ohio Railroad Company, a mixed car of freight consisting of fruit and vegetables. The car was loaded in Louisville and ready for shipment at 4:30 p. m. on that day, and left Louisville on the first available train at 2 a. m. on September 7, 1923, arriving at Lexington at 6:20 a. m. the…