Crystal Park Co. v. Morton

This proceeding was instituted by plaintiff in error to condemn a right of way for a private road across the land of defendants in error. A preliminary order for possession was granted, under which the road was constructed; thereafter a demurrer to the petition was made and sustained, and the cause dismissed. Petitioner below brings the case here for review.

The main questions fairly presented by the record and necessary for determination are:

First. Has the petitioner, in its corporate capacity, the right to condemn land .for a roadway when the same is necessary to the use of the premises…