When the cause first came before this court, we held that the federal government had not taken exclusive jurisdiction of connections between railroad lines engaged in interstate commerce, and that the connections sought by the Jackson
Eastern Railway Company did not materially affect interstate commerce, and that the state authorities had jurisdiction to order a connection between the lines of railroad. See A. V.Railway Co. v. Jackson Eastern Railway Co., 131 Miss. 857, 95 So. 733; also A. V. Railway Co. v. Jackson EasternRailway Co., 136 Miss. 726, 101 So. 553.
In the opinion rendered on the 24th day of May, 1926 (271 U.S. 244, 46 S.Ct. 535, 70 L.Ed. 928), the supreme court of the United States held that Congress had taken complete control of the subject-matter, and that no action could be taken until the approval of the Interstate Commerce Commission had been obtained. Inasmuch as such consent had not been obtained, it follows that the connection could not lawfully be coerced by the state court, and our former ruling is set aside and annulled, and judgment will be entered in accordance with a motion making the injunction perpetual until such connection is ordered by the Interstate Commerce Commission. The costs are to be taxed against the Jackson Eastern Railway Company in accordance with the fee bills attached to the motion.
Motion sustained.