Wabash R. v. Duncan

THOMAS, Circuit Judge.

This matter comes before the court upon the petition of the Wabash Railroad Company for writ of prohibition directed to the Honorable Richard M. Duncan, one of the judges of the Western District of Missouri, and the other judges of the district, to proceed no further in a certain condemnation proceeding pending in that court.

When the proceeding, more fully described below, had reached the point where the court was about to appoint commissioners to determine the damages which the petitioner would sustain by reason of the condemnation, petitioner applied to this court for…