Raymond

The plaintiff is a railroad corporation, and seeks in this proceeding to condemn certain -lands of the defendants, as a site whereon “ to erect and maintain permanent and suitable build *227 ings for work-shops, for repairing the cars and locomotives of plaintiff, and for safely keeping its cars and locomotives.” The defendants contest the right of the plaintiff to condemn the land, on the ground that the use to which the land is to be applied is not a public use, within the purview of the statute defining the conditions on which a railroad corporation may invoke the exercise of the right of eminent domain.

Subd. 4 of sec. 1238 of the Code of Civil Procedure, as amended in 1874—5, provides that the right of eminent domain may be exercised in behalf of the following public uses, amongst others, viz: “ steam and horse railroads ” ; and in defining the powers of railroad corporations, sec. 465 of the Civil Code (subd. 3) provides that the corporation shall have power “to purchase, or by voluntary grants or donations to receive, enter, take possession of, hold, and use, all such real estate and other property as may be absolutely necessary for the construction and maintenance of such…