Ottawa, Osage City & Council Grove Railroad v. Fisher
Supreme Court of Kansas
Error from Osage Distriet Court. This was an appeal in the court below from the award of the commissioners as to the appraisement of value and the assessment of damages of the right-of-way of the Ottawa, Osage City & Council Grave Railroad through and across the southwest quarter of section 36, township 16 south, range 16 east, in Osage county, the property of R. E. Fisher. The commissioners allowed $175 as the amount of damages for the appropriation of the right-of-way.
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Error from Osage Distriet Court. This was an appeal in the court below from the award of the commissioners as to the appraisement of value and the assessment of damages of the right-of-way of the Ottawa, Osage City & Council Grave Railroad through and across the southwest quarter of section 36, township 16 south, range 16 east, in Osage county, the property of R. E. Fisher. The commissioners allowed $175 as the amount of damages for the appropriation of the right-of-way. The amount of land actually taken was 5f- acres, and a triangular piece of a half-acre in the southeast corner of the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The railroad company contends that the testimony of three witnesses — Enderton, Peterson, and Rice —introduced on the part of the land-owner, was improperly admitted; that this testimony was greatly prejudicial, and therefore that the judgment should be reversed, and a new *677trial granted. Enderton testified that he was acquainted with the farm in controversy; that he had known it for about thirteen years; that he had been over it; that he had seen it since the railroad was built across it; that he had been engaged in farming, off and on,…
2Cases cited6 opinions
- Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889
- Kansas City & Southwestern Railroad v. EhretSupreme Court of Kansas · 1889
- Leroy & Western Railway Co. v. HawkSupreme Court of Kansas · 1888
- Wichita & Western Railroad v. KuhnSupreme Court of Kansas · 1888
- Leavenworth, Topeka & Southwestern Railway Co. v. PaulSupreme Court of Kansas · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Leavenworth, Northern & Southern Railway Co. v. CurtanSupreme Court of Kansas · 1893
- Burger v. City of WichitaSupreme Court of Kansas · 1931