Holding that the ICC had primary jurisdiction to interpret a trackage rights agreement because "[i]t is the function of the Commission to determine the terms and conditions under which trackage rights are acquired"
In Smith v. Hoboken R.R. Warehouse S.S. Connecting Co., 328 U.S. 123, 133, 66 S.Ct. 947, 953, 90 L.Ed. 1123 (1946), the Supreme Court declined to enforce an ipso facto clause that terminated a ground lease upon which the insolvent railroad's tracks were laid. Without the lease, the railroad would have forfeited its business and been unable to reorganize.