Union Pac. R. v. Mason City & Ft. Dodge R.

Citations

• 165 F. 844
• 91 C.C.A. 530
• 1908 U.S. App. LEXIS 4805

Syllabus

<p>1. Railroads (§ 51*) — Joint Use of Tracks of Union Pacific at Omaha— Construction of Decree for.</p> <p>By the decree of 1903 the court adjudged to the Mason City & Ft. Dodge Railroad Company and to its lessee, the Chicago Great Western Railway Company, for reasonable compensation, the joint and .equal use of the main and passing tracks of the Union Pacific Railroad Company from their eastern terminus in Council Bluffs to a connection with the Union Stockyards Railroad and the other railroads connecting with the Union Pacific Railroad at or near South Omaha, of the latter’s bridge across the Missouri river, and of the connections of its tracks with the tracks of the Union Stockyards and with the tracks of all other railways which were then, or might thereafter be, connected with the tracks of the Pacific Company at or near South Omaha, to the same extent stated in the contracts of the Pacific Company with the Rock Island Company, the St. Paul Company, and the Northwestern Company. There was no express limitation of this use in those contracts, of in the decree, to a use for the transportation of through cars moving across the river. The Mason City Company has a freightyard and a grainyard, which was constructed after the decree, in or near Omaha, its only access to which is over the tracks of the Pacific Company.</p> <p>Held: The decree of 1903 adjudged to the Mason City Company the use of the tracks of the Pacific Company specified and of the connections of those tracks with other railroads at or near South Omaha and at Council Bluffs to move with its own engines from its railroad east of Council Bluffs cars destined to railroads south and west of Omaha connected with the tracks of the Pacific Company at or near South Omaha, and also to move with its own engines freight cars to and from its freightyard and grainyard in or near Omaha from and to other railroads connected at or near South Omaha and at Council Bluffs with the tracks of the Pacific Company specifie