Southern Pacific Co. v. Western Pacific California R.

July 10, 1928, the Western Pacific California Railroad Company was organized as a corporation under the laws of the state of California for the purpose, among others, of constructing and operating a standard gauge lino of railroad commencing at a point in the city and county of San Francisco and extending thence in a general southerly direction to- and beyond Redwood City, in San Mateo county, Cal., the purpose of the construction being to enable the company to carry freight and other traffic for hire as a common carrier from and to points on the line of the proposed road between its termini. The Western Pacific Company applied to the Interstate Commerce Commission for a certificate of necessity authorizing the construction of the road, as required by the Transportation Act of 1920 (49 USCA § 1, par. 18), and that application was still pending at the time of the final hearing in the court below.

The Southern Pacific Company is a corporation organized under the laws of the state of Kentucky, and has for many years last past operated as owner, or lessee, a line of railroad extending from the city of San Francisco in a southerly direction to and beyond Redwood City, Cal. The latter…