Neureiter & Horre, Inc. v. Cent. R. Co. of N.J.
| Decision Date | 12 July 1938 |
| Parties | NEUREITER & HORRE, Inc., v. CENTRAL R. CO. OF NEW JERSEY. |
| Court | New Jersey Court of Chancery |
124 N.J.Eq. 163
NEUREITER & HORRE, Inc.,
v.
CENTRAL R. CO. OF NEW JERSEY.
Court of Chancery of New Jersey.
July 12, 1938.
Suit by Neureiter & Horre, Inc., against the Central Railroad Company of New Jersey for specific performance of an agreement whereby the defendant agreed to maintain a certain existing siding and trestle from its railroad to complainant's property, wherein plaintiff sought a preliminary injunction to restrain defendant from refusing to continue to make shipments and from cutting the connection of the side line with defendant's main line.
Preliminary injunction denied.
Kessler & Kessler and Merritt Lane, all of Newark, for complainant. Charles E. Miller, of New York City, for defendant.
STEIN, Vice Chancellor.
>The bill of complaint prays specific performance of an agreement made between the complainant and the defendant on the 30th day of January, 1912, whereby the railroad company agreed to maintain a certain existing siding and trestle from its railroad to the property of the complainant, the location and extent of which siding and trestle is more particularly shown on a plan attached to the agreement. The agreement by its terms shall continue in force so long as the complainant shall continue to receive or ship from said siding and trestle reasonable quantities of freight or coal, "and when in the opinion of the party of the first part (the defendant) such reasonable quantities of freight or coal are not received at or shipped from said siding or trestle as to justify it in the expense of maintaining its portion of the same" it may "declare" the agreement at an end without being liable for damages. The defendant has not declared the agreement at an end, but takes the position that it can no longer perform same because of an order of the Board of Public Utility Commissioners directing the elimination of certain grade crossings.
On the filing of the bill an order to show cause was issued containing pendente lite restraint against defendant from refusing to deliver cars, coal and coal products to complainant over the siding and trestle and
from refusing to continue the shipment of coal and coal products and from taking any steps to cut the connection between the trestle and siding and the main line of defendant's railroad.
Defendant in obedience to the aforesaid order of the Board of Public Utility Commissioners of this State directing the elimination of certain grade crossings in the City of Elizabeth is...
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