Missouri Pacific Railroad v. Chicago Great Western Railroad

The opinion of the court was delivered by

Thiele, J.:

This was an action for an injunction to prevent the defendant from making a track connection with the Union Pacific Railroad Company in Kansas City.

Prior to 1910 the Chicago Great Western Railroad Company, hereinafter referred to as Great Western, had a grain elevator in Kansas City. To the east of the elevator the Great Western had seven switch tracks used in connection with the elevator. These tracks had no direct or physical connection with any other track of the Great Western company. On June 15, 1910, the Great Western company and the…