The New York Central Railroad Company, a Corporation v. Southern Railway Company, a Corporation

The New York Central Railroad Company, plaintiff-appellant, brought this action in the District Court to enjoin Southern Railway Company, defendant-appellant, from operating over 11% miles of track owned by Peabody Coal Company and which connects Peabody’s mine near Lynnville, Indiana, with Southern’s line at Boonville, Indiana, unless and until Southern obtains a certificate of public convenience and necessity from the Interstate Commerce Commission. The action is predicated upon the provisions of Section 1(20) of the Interstate Commerce Act (49 U.S.C.A. § 1(20)). The issue arising from the…