New York Central Railroad v. Norfolk & Western Railway Co.

FIELD, Chief Judge.

Plaintiff, The New York Central Railroad Company, seeks an injunction pursuant to 49 U.S.C.A. § 1(20) against the construction and operation of trackage facilities by the defendant, Norfolk & Western Railway, from its present track on the northern side of the Kanawha River into the plant of Union Carbide Metals Company, a division of Union Carbide Corporation.

The facts, which are larg-ely undisputed, are found to be as follows: For many years prior to 1930 the plaintiff, or the predecessor carriers in its system,1 served the area on the north side of the Kanawha River and…