Solar Coal Company v. Hoskins

Opinion of the Court by

Commissioner Hobson—

Reversing.

In November, 1917, M. O. Hoskins and E. M. McIntosh were each engaged in operating coal mines on Little Willard creek in Perry -county, and were delivering their coal at Conda 'Station, on the Louisville & Nashville Railroad, by hauling it in wagons over the public highway from their mines down the creek to the station. The Solar Coal Company was engaged in opening up its property on Willard creek above the mines of Hoskins and McIntosh, and to get its coal out it constructed a spur line railroad from the station to its tipple on Willard…