Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The defendants are bound to deliver cars on plaintiff's switch. (2 Rorer on Railroads, 1225-6; Vincent v. C. & A. R. R. Co., 49 Ill., 35; Chicago Dock Co. v. Garrity, 115 Ill., 156; Peru R. Co. Case, 109 Ill., 135.) 2. This obligation is enforceable by injunction. (2 Rorer on Railroads, 1226; High on Injunctions, sec. 621; Coe-v. L. & N. R. Co., 3 Fed.
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Case 29 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The defendants are bound to deliver cars on plaintiff's switch. (2 Rorer on Railroads, 1225-6; Vincent v. C. & A. R. R. Co., 49 Ill., 35; Chicago Dock Co. v. Garrity, 115 Ill., 156; Peru R. Co. Case, 109 Ill., 135.) 2. This obligation is enforceable by injunction. (2 Rorer on Railroads, 1226; High on Injunctions, sec. 621; Coe-v. L. & N. R. Co., 3 Fed. Rep., 775.) 3. There is no lien for former demurrage charges, and hence no right of detention. (Hutchinson on Carriers, secs. 474, 477, 478; Wright v. Snell, 5 Barn,…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion on the coubt.
The Kentucky Wagon Company is a corporation extensively engaged at South Louisville in the business of manufacturing and selling wagons. Its works are located near the junction of the tracks of the Louisville & Nashville and the Louisville Southern railroad companies, and upon its yards it has its own switches and side tracks, connecting with each of these roads and with these roads alone.. It receives its materials in car-load lots, and sends out much of the finished *156product in the same way. These railroad companies, the one or the other,…
2Cases cited3 opinions
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Nash v. PageCourt of Appeals of Kentucky · 1882
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
3Cited by17 opinions
- Yazoo & Mississippi Valley Railroad v. SearlesMississippi Supreme Court · 1904
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
- Darlington v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902
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