Denman v. Colorado Interstate Gas Co.
Supreme Court of Kansas
1ConcurrenceThiele, J.
With respect to the motion of the defendant company for judgment on the answers to the special questions and its appeal which is solely from the ruling denying the motion, I desire to state my own views.
Briefly stated the jury by its answer to Question No. 3 found there was no damage to the land not taken, but by its answers to Questions Nos. 4 and 5 it did find damage in the amount of $50.32. These answers cannot be reconciled with each other nor with the statement contained in the general verdict that there was no damage to the lands not taken. The rule applicable under such a situation is…
2Cases cited1 opinion
- McCoy v. WeberSupreme Court of Kansas · 1949