Legal Opinion

City of Kansas v. Butterfield

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 20 opinions

Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. The second instruction given by the court instructs the jury that they are not bound by the testimony of the witnesses in regard to the value of the land proposed to be taken, or the actual damage done. This is not the' law.

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Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. The second instruction given by the court instructs the jury that they are not bound by the testimony of the witnesses in regard to the value of the land proposed to be taken, or the actual damage done. This is not the' law. City of Kansas v. Hill, 80 Mo. 523 ; Washburn v. Railroad, 59 Wis. 364. ' (1) The first instruction complained of is almost a literal copy of section 3, article 7, of the charter of the City of Kansas (Laws 1875, p. 196). and is correct. (2) The second instruction as given is entirely proper, Sec. 3, art. 7,…

1Opinion of the CourtNorton, J.

The City of Kansas instituted proceedings to condemn certain private property of defendant for public use for the opening of Independence Avenue from Grand Avenue to Walnut street, in said city. A jury was empanelled and rendered a verdict in the trial had before the mayor. Prom the verdict rendered defendant appealed to the circuit court of Jackson county,, where on a trial de novo a verdict awarding damages for the property to be taken was rendered, from which defendants have appealed to this court, and seek a reversal of the judgment because of the action of the court in giving over their…

2Cases cited3 opinions

  1. Head v. HargraveSupreme Court of the United States · 1882
  2. Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
  3. City of Kansas v. HillSupreme Court of Missouri · 1883

3Cited by20 opinions

  1. Chicago, Indiana & Eastern Railway Co. v. Wysor Land Co.Indiana Supreme Court · 1904
  2. Kansas City v. BaconSupreme Court of Missouri · 1898
  3. St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
  4. State v. DarrahSupreme Court of Missouri · 1899
  5. Kansas City v. SmartSupreme Court of Missouri · 1895

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