Page:Federal Reporter, 1st Series, Volume 3.djvu/784

 OOB ». L. & N. R. 00. 777 �•would "deliver, and cause to be delivered, to said party of the second part ail . live stock shipped over the roads of the parties of the first part, and consigned to the city of Nash- ville; the parties of the first part hereby agreeing to make this stock yard of the party of the second part their stock depôt for said city, and will not deliver at any other point or points of the city, and agree to deliver ail live stock shipped to said city of Nashville at the yards of the party of the sec- ond part." �In furtherance of this contract Edward B. Stahlman, de- fendant's traffic manager, and owner of $5,000 of the capital stock of the stock-yard company, issued the following ordsr, addressed to defendant's agent, dated July 10, 1880: "On the fifteenth inst. there will be opened and ready for business the stock yards erected by the Union Stock Yard Company, at Nashville, Tenn. These yards bave every facility for the proper handling and care of live stock, and will be constituted our stock delivery and forwarding depôts. Live stock from and after that date consigned to Nashville proper, or destined to any points over our line via Nashville, should be way-billed care of the Union Stock Yards ;" and on the twenty-fourth of the same month James Geddes, defendant's superintendent, sup- plemented the foregoing order with a notice to complainants in the following words : "I am directed by Mr. De Funiak, gen- erai manager, to notify you that after the last day of July, 1880, no delivery of stock will be made to you at our plat- form here, Nashville depôt," to-wit, the platform, gaps and pens communicating with complainants' yard, where the de- fendant had heretofore delivered to them, �Complainants remonstrated against this threatened dis- crimination against them and their business; but, beingun- able to induce any change in defendant's avowed poliey, filed their bill in which they pray for an injunction to restrain "defendant's agents and officers and servants from interfering with or in any manner disturbing the enjoyment and facili- ties now accorded to complainants by the said defendant upon its lines of railway, for the transaction of business now carried on by the complainants, and especially from exclud- ����