Pugh v. City of Topeka

The opinion of the court was delivered by

Hoch, J.:

This was an action by a municipality to condemn land for airport purposes. The matter was heard by a jury, a verdict rendered, and a new trial granted upon motion of the city. From the order granting a new trial and from other orders, to which reference will later be made, the landowners appeal.

The Pughs, the appellants, were owners of a quarter section of land near the city of Topeka, Kan. In 1929 they started operations to convert the land into an airport. For reasons which will hereafter appear, it is not necessary to recite the facts in…