Missouri Pac. R. v. Union Pac. Ry. Co.

SYMES, District Judge.

This is an action brought by the Missouri Pacific Railroad Company against the Union Pacific Railway Company, both interstate carriers, to restrain the defendant from constructing a short piece of track — less than 200 feet — to connect its line with a track of the Chicago & Great Western Railway Company at Kansas City, Kan. Complainant says that before this connection can be made a certificate of convenience and necessity must be obtained from the Interstate Commerce Commission. The defendant admits it has not applied to the Interstate Commerce Commission for such…