Musick v. Kansas City, Springfield & Memphis Railroad

The only question presented by this appeal is, whether the trial court erred in ruling out a transcript of certain proceedings had before a justice of the peace, culminating in the condemnation of certain lands for the purposes of a reservoir.

The action is trespass. The defense is title in the defendant by condemnation under the provisions of section 788 of the Revised Statutes of 1879. This section, among other things, provides: That ‘‘any [railroad] company shall have power to enter any land in the neighborhood * * * for the purpose of procuring water * * * for their uses * * * and may…