4 mnmmn Rmromnn.
port over its road and deliver to all stock-yards at such point, reached by its
tracks or connections, all live-stock consigned, or which the shippers desire
to consign, to them, upon the same terms and in the same manner as under
I like conditions it transports and delivers to their competitors ; and the perform-
ance of this duty may be compelled by injunction at the suit of the proprietor
of the stock-yards discriminated against.
In Equity. Motion for preliminary injunction.
Ramsey it Matthews, for complainant.
Hoadly, Johnson at Oolston, for defendant Cincinnati, Indianapolis,
St. Louis & Chicago Railroad Company. `
Paxton dt Warrington and Stalls, Kittredge at Shoemaker, for defend-
ant United Railroads Stock—Yards Company.
BAXTER, C. J. The facts in this case are few and simple. After
averring that he is a citizen of Kentucky, and that the United Rail-
roads Stock-Yards Company is an Ohio corporation, and that the
defendant the Cincinnati, Indianapolis, St. Louis & Chicago Rail-
road Company is a corporation organized under the laws of Ohio,
Indiana, and Illinois, the complainant charges that he is lessee of
certain stock-yards, referred to in his bill, situated on the line of the
Cincinnati & Baltimore Railroad Company’s road, in Hamilton county,
A Ohio; that his yards are connected with said railroad by a suitable
switch; that he is there engaged inthe business of receiving, feed-
ing, housing, and shipping live-stock; that the Cincinnati, Indianap-
olis, St. Louis & Chicago Railroad Company’s road connects with the
Cincinnati &,Baltirnore Company’s road two miles south of complain-
ant’s yards; and that the said defendant is, by contract, in the use
of that portion of said Cincinnati & Baltimore Railroad Company’s
road lying between said point of junction and complainant's yards,
over which it is carrying on the business of a common carrier of live-
stock, making regular deliveries to, and receiving stock from, its co-
defendant, loaded in cars standing on the track. He furthermore
alleges such receipt and delivery of stock in cars on the track is
necessary to the successful prosecution of his business, but that, in
disregard of the obligations imposed on it by law, said defendant has
entered into a contract with the United Railroads Stock-Yards Com-
pany, its co-defendant, whereby it has covenanted to make said
` United Railroads Stock-Yards Company's yards its depot for the
receipt and delivery of all live-stock carried by it to and from Cin-
cinnati, and obliged itself, in so far as it could lawfully do so, to
deliver all live-stock carried by it to, or received for shipment from, .
Cincinnati to and from its co-defendant, and that, relying on said
contract as a valid obligation and a sufficient justification of its action