Page:Federal Reporter, 1st Series, Volume 4.djvu/57

 IiATHROP ». JCNC. B. 00. ���43 ���or rights (if any they bave) relating to the use of" the eaid portion of the road. �By the leasing of different Unes Connecting the cities of Philadelphia and New York, the Pennsylvania Eailroad Com^ pany and the Philadelphia & Eeading Eailroad Company be- came competing lines as to freight brought from the west over the Baltimore & Ohio Eailroad and destined for New York. The Pennsylvania Eailroad Company thereupon refused to allow the Junction Eailroad Company to transport passen- gers or freight over the portion of the track above referred to. �Two of the individual stockholders then filed the present bill. At the same time similar bills were filed against the same defendants by the Baltimore & Ohio Eailroad Company and by the Central Eailroad Company of New Jersey. �Upon the argument it was contended on the part of the Pennsylvania Eailroad Company not only that it had an ex- clusive right to the portion of road owned by it, but that, how- ever this point might be finally decided, no preliminary in- junction of the nature of the one asked for by complainants could be issued under the circumstances of this case. �E. G. Platt, Samuel Dickson, and John G. Bullitt, for the complainants. �James E. Gowen, for Junction Eailroad Company. �Wayne MacVeagh and Chapman BïMle, for Pennsylvania Eailroad Company. �McKbnnan, C. J. It is no part of my present purpose to notice any other than the main question in this case. . It is sufficientfor me to say, as to several other questions discussed by counsel at the argument, that, in my opinion, the court has power to grant the preliminary relief prayed for, and that the alleged impending injury to the interests of the complain- ants is of such a character as to entitle them to invoke the interposition of the court. �The Junction Eailroad Company is a corporation created by a special act of the Pennsylvania legislature, dated May 30, 1860, whereby it was authorized to "construct a railroad commencing at a point upon the Philadelphia & Eeading Eailroad, at or near the bridge of said company, near Peters ����