City of Valparaiso v. Chicago & Grand Trunk Railway Co.

This was a proceeding by the city of Valpa*468raiso against the appellee to condemn the land in controversy, for the purposes of a public street. From the order of condemnation the appellee appealed to the circuit court, and defended upon the ground that said land was a part of its right of way, and ground needed and used for depot purposes.

A trial of the cause in the circuit court resulted in a verdict and judgment for the appellee, from which this appeal is prosecuted.

The first question presented by the record relates to the power of a city to condemn real estate belonging to a railroad…