Kansas City Terminal Railway Co. v. Atchison, Topeka & Santa Fe Railway Co.

SOMERVILLE, Judge.

This litigation took roots in the heyday of railroad passenger trains and leafed in the advent of private passenger automobiles, commercial buses and commercial airliners.

Kansas City Terminal Railway Company (hereinafter referred to as Terminal), plaintiff-respondent, and the twelve railroad defendants, one of whom is the At-chison, Topeka and Santa Fe Railway Company (hereinafter referred to as Santa Fe) and the sole appellant, are all parties to a written agreement dated June 12, 1909, and captioned “OPERATING AGREEMENT” (hereinafter referred to as agreement).

The agreement…