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

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin defendant from entering on plaintiff’s land in execution of its design to relocate its route through plaintiff’s and other land in Shawnee county, pursuant to *638consummated condemnation proceedings. Defendant’s demurrer to the petition was overruled, and defendant appeals. •

The Atchison, Topeka & Santa Fe Railroad. Company was incorporated by special act of .the territorial legislature of 1859. Portions of the act follow:

“Sec. 2. The said company is hereby authorized and empowered to survey, locate, construct,…