Burnside v. Cincinnati St. Ry. Co.

1 Citing case

  1. Gulledge v. Greif Bros. Corp.

    499 S.W.2d 745 (Tex. Civ. App. 1973)

    The term 'trackage' must be held to include in its meaning the bed, surface, rails, ties, ballast, frog switch, spikes and all other components of the spur track. American Creosote Company v. Springer, 257 La. 116, 241 So.2d 510 (1970); Burnside v. Cincinnati St. Ry. Co., 94 Ohio App. 240, 114 N.E.2d 848, 850 (1953); New York Cent. R. Co. v. Verpleatse, 116 Ind. App. 1, 59 N.E.2d 916, 922 (en banc, 1945). A consideration of the language of both appellant's proposal and appellee's purchase order leaves no doubt that the term 'trackage' was used by the parties in that sense.