Howard Mills Co. v. Schwartz Lumber & Coal Co.

Citations

• 77 Kan. 599
• 95 P. 559
• 1908 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Eminent Domain — Flour-mill Operated by Steam-power. A ■ private corporation owning a mill operated by steam-power, and having for its purpose the manufacture and sale of flour and feed, cannot exercise the right of eminent domain for the purpose of improving and enlarging such business.</p> <p>2. - “Public Mills.” The provisions of chapter 65 of the General Statutes of 190Í do not apply to mills used merely for the purpose of manufacturing flour and feed for sale, and such mills are not made public mills by that act.</p> <p>3. -Statute Construed. Section 1366 of the General Statutes of 1901 does not confer the right of eminent domain upon a mill or other manufacturing corporation which is merely engaged in the manufacture of flour and feed for sale by the use of steam-power.</p>