Fort Scott, Wichita & Western Railway Co. v. Kinney

The opinion of the court was delivered by

Schoonover, J.:

This action was commenced by Hugh Fox in the district court of Harvey county to recover damages for the obstruction of ingress and egress to and from his premises, by reason of the construction and operation of a line of railway by plaintiffs in error.

The case was tried to a jury, and a verdict rendered *651in favor of plaintiff below for $892.55. On motion for new trial the court found as follows :

“The court, being fully advised in the premises, finds that the verdict of the jury is excessive and not sustained by the evidence in the cause ;…