Louisville & Nashville Railroad v. Brashear

Opinion of the Court by

Chief Justioe Thomas—

Reversing.

At the time the matters complained of herein occurred (August and Septemer, 1920) the appellees and plaintiffs below were engaged in mining and shipping-coal near the station of Viper in Perry county, Kentucky, through and by the process commonly known and referred to in this record as “wagon mining,’’ which is to say, that plaintiffs would extract their coal from their mines and haul it in wagons to a siding maintained by appellant and defendant below, Louisville & Nashville Railroad Company, and then unload it with hand shovels from the…