Western American Co. v. St. Ann Co.

The opinion of the court was delivered by

Dunbar, J.

This is an appeal from a judgment in a proceeding which was brought on the petition of the respondent for the condemnation of a right of way across *159certain land, and the points urged by appellant are: First, that the land sought to be condemned is attempted to be appropriated for a private, and not a public, use; second, that the respondent is not authorized by its charter to condemn said right of way or exercise the right of eminent domain for the uses set forth in its petition; third, that the respondent is estopped, for certain reasons,…