Chicago, Kansas & Nebraska Railway Co. v. Cook

Opinion by

Simpson, C.:

On the 4th day of August, 1886, the plaintiff in error, by proceedings duly had; appropriated to its use as a right-of-way, “ so much of out-lot No. twenty-four, in the city of "Wathena, as lies within fifty feet on each side of the center line of said railway as now located.” A stream called Peter’s creek runs through this out-lot, and on the creek there is a small mill for making meal and feed, run *84by a Leffel turbine wheel. The mill is a frame building about fifty-six feet long and twenty feet wide, and the machinery consists of buhrs, bolt, sheller, and elevator. A…