Leavenworth, Topeka & Southwestern Railway Co. v. Paul
Supreme Court of Kansas
Error from Leavenworth District Court. Two actions in the district court, tried upon appeals from the assessment of damages for the right of way appropriated by the Leavenworth, Topeka & Southwestern Railway Comvany. In one action, plaintiff Paul recovered a judgment for $3,000 against the defendant company, February 2,1882; and in the other action, plaintiff Holman had judgment for $400 against the company, January 31, 1882. The defendant brings the cases here.
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Error from Leavenworth District Court. Two actions in the district court, tried upon appeals from the assessment of damages for the right of way appropriated by the Leavenworth, Topeka & Southwestern Railway Comvany. In one action, plaintiff Paul recovered a judgment for $3,000 against the defendant company, February 2,1882; and in the other action, plaintiff Holman had judgment for $400 against the company, January 31, 1882. The defendant brings the cases here. The opinion states the facts.
1Opinion of the Court
*818The opinion of the court was delivered by
Brewer, J.:
This was an action in' the district court of Leavenworth county, tried upon an appeal from the assessment of damages for the right of way appropriated by the plaintiff in error. The commissioners assessed the value of the land taken at $366, and the other damage to defendant in error’s farm, by reason of such appropriation, at the sum of $600. From this assessment defendant in error appealed to the district court, and on trial in that court before a jury recovered the sum of $3,000, of which $500 was for the right of way appropriated, and…
2Cases cited5 opinions
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