Terre Haute & Peoria Railroad v. Robbins

This was a petition brought in the county court of Macon county by the Terre Haute and Peoria Railroad Company, appellant, to condemn certain property in the city of Decatur for the purpose of building thereon a freight depot. On a preliminary hearing before the court as to the right and authority of the petitioner to condemn the property in question, the court, on motion of appellees, dismissed the petition, holding that on thé petition and evidence then before the court appellant was without such authority. This appeal was thereupon prayed and allowed.

January 17, 1887, petitioner was…