Dillon v. Kansas City, Fort Scott & Memphis Railroad

The opinion of the court was delivered by

Greene, J.:

The material facts necessary to an understanding of this case are these : In 1894, while one Eugene B. McBride was the owner of the southwest quarter of section 36, township 13, range 23, in Johnson county, Kansas, the defendant railroad company instituted proceedings which resulted in the' condemnation of 20.44 acres of said tract of land to be used by it in catching and storing surface water for use .in operating its engines. The award was paid into the county treasury, and accepted and drawn therefrom by the owner. The defendant, company…