William R. Day

“ The defendant in error, Joe Higdon, doing business under the name of the Crescent Coal Company, brought suit in the Henderson circuit court, of Kentucky, to recover damages for alleged loss because of the failure of the railroad company to furnish him with cars at the Keystone Mining & Manufacturing Company's mine at Henderson, Kentucky, with which to perform certain contracts which he had made, and which he was prevented from fulfilling by the refusal of the railroad company. ”

“ And it alleged that it was not its duty to perform such service for $4 per car or for any other sum, but that a rate of 50 cents a ton, which was the legal rate in effect for hauling coal from points near Henderson to that city and which was reasonable, would have been a reasonable charge for the service requested by Higdon, and that a smaller rate would not have been adequate compensation therefor ”