This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...in its articles of incorporation, and is therefore without the power of eminent domain; and ( 2) the said railroad, to the use of which said property is sought to be condemned, is an interurban electric railroad within the meaning of section 3228, Revised Statutes 1909, and lands may not be condemned to its use for depot purposes; and that the said respondent, Honorable George H. Shields, as judge of the circuit court for the eighth Railroad v. MacAdaras. judicial circuit, presiding in Division No. 4 of the circuit court of the city of St. Louis, is, fo_r the same reasons, without jurisdiction or authority of law to condemn said lands of the said petitioners to such use of said railway company." Vide files of record in the oflice of the clerk of this court. This application we denied on April 11, 1911, and thereafter Judge Srnnnns proceeded with the case to the judgment now attacked on this appeal. If the plaintiff is a railroad company under the steam railroad act there can be no question of its right to condemn property for its right of way and depot purposes. If it is an interurban railway company, as defendants contend, then by the Act of 1907 (Laws 1907, p. 174) it was given the same rights and power as steam railroads in the matter of condemning property for railroad purposes. State ex rel. v. Williams, supra. So that the right of this plaintiff to condemn property for the purposes stated in its petition in this case has been practically twice passed upon by this court--and we shall not open up the question now. The refusing of the writ of prohibition in the matter mentioned, supra, however, did not preclude the defendants from urging the question of abandonment pleaded in their answer. That was a matter of fact to be thrashed...