fPHE  city  of  Potwin  Place,  a  city  of  the  third  class,  brings  this
X  action  against  the  Topeka  Railway  Company  to  compel  it  to
operate  its  line  of  street  railway  in  the  city  of  Potwin  Place,
which  it  ncquired  by  purchase  from  the  Topeka  Rapid  Transit
Railway  Company  by  deed  dated  April  5,  1892. The  line  in  ques-
tion was  constructed  by  the  Topeka  Rapid  Transit  Railway  Company
under  Ordinance  No. 25,  passed  by  tlie  mayor  and  councilinen  of
tbe  city  of  Potwin  Place  on  May  10,  1889,  by  which  the  last-nam-
ed company  was  granted  the  riglit  to  construct  and  operate  a  road
for  a  term  of  twenty  years  along  Willow  avenue  from  the  east  to
the  west  line  of  the  city,  on  Elmwood  avenue  from  Laurel  avenue
south  to  the  city  limits,  and  on  Laurel  avenue  from  the  east  to
tbe  west  line  of  the  city. The  line  was  constructed,  soon  after  l\^e


passage  of  said  ordinancje,  along  Willow  aud  Elmwood  avenues
and  on  Laurel  avenue  from  Eimwood  east  to  Greenwood  avenue
and  was  operated  by  that  company  until  the  execution  of  the  deed
before  mentioned. By  this  deetl  the  rapid  transit  company  con-
veyed to  the  Topeka  company  all  its  lines  of  road  in  the  city  of
Topeka  and  this  line  in  Potwin  Place,  which  is  particularly  d^
scribed  in  the  deed. The  defendant  soon  thereafter  proceeded  to
operate  the  line  of  i-oad  located  in  the  plaintiff  city  in  connection
with  its  lines  in  Topeka  substantially  as  it  had  been  before  opera-
ted by  the  rapid  transit  company,  and  continued  to  so  operate  ii
up  to  about  the  27th  day  of  October,  1892,  when  it  ceased  to
operate  its  line  in  Potwin  Place,  and  it  has  failetl  to  o|)enite  it
ever  since. Since  the  construction  of  said  road  the  city  of  Potwin
Place  has  been  enlarged  by  the  addition  of  what  waa  before  term-
ed Aubumdale,  so  that  in  territorial  extent  it  has  been  more  than
doubled,  and  largely  increased  in  population. Said  Ordinance
25  gave  the  Topeka  Rapid  Transit  Railway  Company  the  right lo
construct  its  track,  and  operate  by  electricity  its  road. 