Harvey v. Missouri Pacific Railroad

The opinion of the court was delivered by

Dawson, J.:

The plaintiff brought this suit to quiet his title to some land in Osborne which was condemned in 1879 for railway sidetracks, depots, workshops, water station and stockyards. Plaintiff is the- successor in title to the fee holder of 1879, and the defendant is the successor of the railway corporation for whose use the property was condemned.

Notwithstanding the lapse of years and the general development of- that community, only a limited portion of the land condemned in 1879 has yet been used or needed for railway purposes — the usual…