Comm'rs of Pottawatomie County v. O'Sullivan
Supreme Court of Kansas
Error from Pottawatomie District Court. In November 1873, upon proper petition and by proper proceedings, a highway was laid out over and across the lands and improvements of O’Sullivan.
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Error from Pottawatomie District Court. In November 1873, upon proper petition and by proper proceedings, a highway was laid out over and across the lands and improvements of O’Sullivan. O’Sullivan duly presented to the road-viewers his written application for damages, claiming “ for TJ- acres of land under cultivation, $45; for removal and destruction of 140 rods of rail fence, $70: total, $115.” The viewers allowed O’Sullivan $12 as damages, and their report and such allowance were thereafter confirmed by the Board of County Commissioners. From such allowance for damages, O’Sullivan…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
í Damages for jSiateaTr0' ■ginvaya, The question presented in this case is as to the measure of damages on the laying-out of a public road. The court permitted the land-owner to show the value of the land taken, and the cost of removing a fence, whose removal was necessitated by the opening of the road. This was right, and no objection can be raised thereto. But the court refused to permit the county to show what benefits accrued to the land of claimant from the opening of the road; and of this the plaintiff in error complains. The question…
2Cases cited1 opinion
- Beach v. LeahySupreme Court of Kansas · 1873
3Cited by19 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Daniels v. State Road DepartmentSupreme Court of Florida · 1964
- Callen v. City of Junction CitySupreme Court of Kansas · 1890
- Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
- Tobie v. Commissioners of Brown CountySupreme Court of Kansas · 1878
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