Smouse v. Kansas City Southern Railway Co.

The opinion of the court was delivered by

Harvey, J.:

In this action plaintiff sought to enjoin the railway company from condemning a portion of his real property on the ground that the railway company sought to take the property not for its own use, but for the use of a private corporation which does not possess the right of eminent domain. After a hearing the court denied the injunction, and plaintiff has appealed.

*178Plaintiff’s petition, in addition to formal parts, alleged that in May, 1929, the defendant railway company presented its written application to the district court of Wyandotte…