Board of Education of Kanawha County v. Campbells Creek Railroad

Browning, Judge:

The Board of Education of Kanawha County instituted this proceeding in eminent domain in- the Circuit Court of Kanawha County seeking to condemn certain lands owned by the Campbells Creek Railroad Company, a corporation, for the purpose of “constructing, maintaining and operating thereon a public school, playground and athletic field and for other educational pur poses; and will construct, maintain and operate thereon such a public school playground and athletic field.”

The petition was demurred to, the demurrer sustained and the following points of law certified to this Court…