Page:Federal Reporter, 1st Series, Volume 3.djvu/783

 7T6 FEDERAL REPORTER. �tîon of business now carried on by the complainants, and especially from excluding or inhibiting persons f rom consigning stock to com- plainants, and from ref using to receive and transport stock from com- plainants' yard, and from interfering with or in any way disturbing the business of the complainants, and from refusing to permit the com- plainants to continue their business on the same terms as heretofore." Held, that the complainants were entitled, preliminarily, to the relief prayed for. �A. S. Colyar, for complainants. �Ed. Baxter, Smith e Allison, and Dickînson e Frazer, for defendant. �Baxter, C. J. The defendant corporation owns the Louis- ville & Nashville Eailroad, and, in virtue of its purchase of the south-eastern lease of the Nashville & Decatur, and own- ership of a majority of the capital Btock of the Nashville, Chattanoga & St. Louis Eailway Company, controls every railroad centering at Nashville. It has, for many years past, been engaged in carrying such freigbts as are usually trans- ported by rail, including live stock. Twelve or more years since, ■when it needed facilities for loading and delivering live stock, the complainants hought a lot contiguous to defendant's depôt, in Nashville, at $14,000, and fitted it up as a stock yard, at a cost of $16,000 more. ïhere was no express con- tract between complainants and defendant in relation to the matter. But it is clear that it was a convenience to defend- ant's business. By the permission or acquiescence of defendant, complainants' yard was connected with defendant's road by appropriate stock gaps and pens, which have been in use by both parties for more than twelve years ; but on the twenty- fifth of March, 1880, the defendant and the Nashville, Chat- tanooga & St. Louis Eailway Company entered into a eontract with the Union Stock Yard Company, whereby the said stock- yard Company stipulated "to erect, maintain, and keep in good order," etc., "a stock yard in the city of Nashville, on the line of the Nashville, Chattanooga & St. Louis Eailway," outside the city limits, and more than a mile from complain- ants' yard. And the parties of the first part — the railroad companies — among other things, agreed that "they would establish no other stock yard in Nashville," and that they ����