Schaake v. Kansas City

The opinion of the court was delivered by

Johnston, C. J.:

In this condemnation proceeding, tried upon appeal in the district court, the jury awarded the plaintiff damages against the defendant in the sum of $8,000, and upon the appeal to this court the only questions raised relate to the admission of the evidence and the conduct of the jury in arriving at their verdict.

In the construction of a railroad through plaintiff’s farm a high hill or embankment was made, and to secure earth for the fills deep borrow pits were made in front of plaintiff’s home. *471Objection was made to testimony as to the…