The Board of
Railway Commissioners for Canada.

Order no. 54247

Friday, the 30th of
April, A.D. 1937

In the matter of the application of the Canadian National Railways, hereinafter called the Applicants, for an Order authorizing the removal of track, constructed under Order No. 32958, dated October 3, 1922, connecting their line with certain private sidings of Carroll Brothers about one mile west of Sherkston, Ontario.

30135

Hugh Guthrie
Chief Commissioner

S. J. McLean
Asst. Chief Commissioner

G. A. Stone
Commissioner

Upon hearing the application at the sittings of the Board held at Toronto, April 20, 1937, in the presence of counsel for the applicants and Carroll Brothers, and what was alleged; and upon reading the further written submissions filed,—

It is ordered:

  1. That the applicants be, and they are hereby, authorized to remove the spur line of railway constructed to the property of Carroll Brothers at Sherkston, Ontario, under the said Order No. 32958, dated October 3, 1922.
  2. That if at any future time the industry formerly located on the said property should be re-established and put in operation either by the original owners or their successors or assigns, an application may be made to the Board for a further order in regard to the matter.
  3. That this order be without prejudice to the right, if any, of the Manufacturers and Traders Trust Company of Buffalo, New York, as trustee of the estate of Carroll Brothers, to take action as it may deem proper in the courts for any relief which the applicants claim to be entitled to in respect of the matters herein.

Hugh Guthrie
Chief Commissioner,
The Board of Railway Commissioners for Canada.