The Detroit and Toledo Shore Line Railroad Company v. The New York Central Pailroad Company and the Michigan Central Railroad Company

ALLEN, Circuit Judge.

The principal questions presented in this appeal are:

1. Was the track built in 1954 by appellee New York Central Railroad Company in Brownstown Township, Wayne County, Michigan, to cross appellant’s right of way, a spur or an extension within the purview of 49 U.S.C. § 1, pars. (21) and (22), 49 U.S.C.A. § 1 (21, 22) ?

2. Was a contract entered into on June 25, 1901, between appellant and appellees’ predecessor Toledo, Canada, Southern and Detroit Railway Company, hereinafter called “Toledo Company,” invalid and unenforceable on the ground that it was against public…