New Jersey, Indiana & Illinois Railroad v. New York Central Railroad

(after making the foregoing statement).

There is no contention that the entire contract is void. The only contention is that the provision of the contract which stipulates that the Iowa company shall make all needful repairs from time to time and that the cost thereof shall be paid by the New Jersey company is void on the ground that it is violative of the policy of the state as declared by statute. It is conceded that, in all other respects, the contract is valid and binding upon the parties to this appeal.

The proposal of the New Jersey company to construct its road across and upon the road…