Foster v. Chicago, Rock Island & Texas Railway Co.

HEAD, Associate Justice.

This is a proceeding instituted by appellee to condemn to its use certain land of appellants within the city of Fort Worth.

In this State a railway company is empowered to acquire from the owner, in the manner prescribed by statute, “any real estate or the material thereon required for the purposes of its incorporation or the transaction of its business, for its depots, station buildings, machine and repair shops, or for the right of way, or any other lawful purpose connected with or necessary to the building, operating or running its road.” Rev. Stats., art. 4180.

The…