The New York Central Railroad Company, a Corporation v. Chicago & Eastern Illinois Railroad Company, a Corporation

DUFFY, Chief Judge.

Plaintiff, hereinafter referred to as “Central”, sought in this action to enjoin defendant, hereinafter called “C&EI”, from undertaking and proceeding further with the construction of a railroad track, at a specified location wholly within Vanderburgh County, Indiana. Plaintiff asserted a claim under Par. I, § 1 of the Interstate Commerce Act, sub-sections 18 to 22 inclusive, 49 U.S.C.A. Part I, § 1(18-22) inch, contending that C&EI should have applied to and obtained from the Interstate Commerce Commission a Certificate of Public Convenience and Necessity before…