Hoy v. Kansas Turnpike Authority

The opinion of the court was delivered by

Fatzer, J.:

This eminent domain proceeding was commenced by the Kansas Turnpike Authority to acquire a portion of its right of way. The landowners, George and Ethel Hoy, appealed to the district court from the award of the appraisers. Following a trial by a jury, they were awarded $7,400 for the value of the land taken and damage to the land not taken, and judgment was entered in harmony with the verdict. The Hoys have appealed from that judgment, the refusal of the district court to give requested instructions, and its order overruling their motion for…