Todd v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by Chess E. Todd to recover an award made and damages against the Atchison, Topeka & Santa Fe Railway Company for the alleged injuries sustained in the attempted abandonment in a condemnation proceeding of lands sought to be obtained for the use of the railway company. The plaintiff filed a petition reciting the steps taken in the condemnation proceeding, which proceeded to a finding of the jury as to the value of the land sought to be taken, after which a notice of abandonment was served. The court sustained a…