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BUCKEYE COTTON OIL CO. v. LOUISVILLE & N. R. CO.

No. 4871.

24 F.2d 347 (1928)

BUCKEYE COTTON OIL CO. v. LOUISVILLE & N. R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 9, 1928.

Attorney(s) appearing for the Case

R. E. King, of Memphis, Tenn. (Ewing, King & King, of Memphis, Tenn., and Dinsmore, Shohl & Sawyer, of Cincinnati, Ohio, on the brief), for plaintiff in error.

Henry J. Livingston, of Memphis, Tenn. (John B. Keeble and A. W. Stockell, Jr., both of Nashville, Tenn., on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

The Louisville & Nashville Railroad Company constructed a system of private railroad tracks and switches for the Buckeye Cotton Oil Company at its plant in Memphis, Tenn. The tracks were to be used by the railroad company as loading and unloading tracks for the oil company. Under the construction contract the oil company agreed "to place no overhead structure lower than 20 feet above the tops of the rails of said tracks located on the property...

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