Chicago, Kansas & Western Railroad v. Parsons
Supreme Court of Kansas
Error from Soott District Court. Condemnation Proceedings by the Railroad Company against Mary 8. Parsons. Defendant appealed to the district court, where she had judgment for $3,585.71. The company brings the case here. The opinion states the facts. 1. The court erred in not confining the jury to a consideration of the real, actual cash market value of the property. Brown v. C. R. Rly. Co., 18 N. E. Rep. 284 — 286; J. &. 8. E. Rid.
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Error from Soott District Court. Condemnation Proceedings by the Railroad Company against Mary 8. Parsons. Defendant appealed to the district court, where she had judgment for $3,585.71. The company brings the case here. The opinion states the facts. 1. The court erred in not confining the jury to a consideration of the real, actual cash market value of the property. Brown v. C. R. Rly. Co., 18 N. E. Rep. 284 — 286; J. &. 8. E. Rid. Co. v. Walsh, 106 Ill. 253, 257; Kiernan v. C. 8. F. & C. Rly. Co., 123 id. 188, 189, 195; Kountzv. Kirkpatrick, 72 Pa. St. 376. 2. The court erred in refusing to…
1Opinion of the Court
*412The opinion of the court was delivered by
Horton, C. J.:
This was an appeal in the court below by Mary S. Parsons from condemnation proceedings instituted by the Chicago, Kansas & Western Railroad Company to lay off its route, side tracks, depot grounds, etc. In her petition filed in the court below, she claimed damages in the sum of $17,-650, with interest from May 7, 1887. Mrs. Parsons owned 25 to 30 acres of land lying north of Eastman’s addition to Scott City, in Scott county, which was separated from the original site of Scott City by one tier of blocks of that addition. In 1886, she had…
2Cases cited5 opinions
- City of Topeka v. MartineauSupreme Court of Kansas · 1889
- Wichita & Western Railroad v. KuhnSupreme Court of Kansas · 1888
- Missouri, Kansas & Texas Railway Co. v. HainesSupreme Court of Kansas · 1872
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1880
- Kansas City, Wyandotte & Northwestern Railroad v. FisherSupreme Court of Kansas · 1892
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- Anderson v. State Road DepartmentDistrict Court of Appeal of Florida · 1967
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