Hamilton v. Atchison, Topeka & Santa Fe Railway Co.

*355The opinion of the court was delivered by

Marshall, J.:

The plaintiff was the owner of certain pasturé lands, a portion of which was condemned for the use of the defendant company for the construction of a reservoir for storing water. The condemnation commissioners awarded the plaintiff $5500. He appealed to the district court, where he recovered judgment for $5513.40. He appeals again, and contends that he should be granted a new .trial, for reasons which we discuss.(1) The plaintiff complains that the assessor was permitted to testify that he assessed the lands in controversy at certain…