Board of Commissioners v. Hogan
Supreme Court of Kansas
Error from Diokinson District Court. This was an appeal from a decision of the board of county commissioners of Dickinson county, upon a claim for damages for the establishment of a public road through the lands of the defendant in error, plaintiff below.
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Error from Diokinson District Court. This was an appeal from a decision of the board of county commissioners of Dickinson county, upon a claim for damages for the establishment of a public road through the lands of the defendant in error, plaintiff below. Trial by jury at the May term, 1886, and verdict and judgment for the plaintiff for $300. The notice served by the plaintiff upon the viewers, under which he claims damages, and upon which trial was had in the district court, is as follows: “To the Viewers of said Hoad as petitioned by Gus Byrne and others: Referring to the above…
1Opinion of the Court
Opinion by
Clogston, C.:
At the trial in the district court it was admitted by the parties that the only question at issue was the amount of damages the plaintiff was entitled to by reason of the location of the road through his farm, and this question alone was submitted to the jury. The board of county commissioners complains, first, that the court erred in admitting evidence tending to prove elements of damage that *608plaintiff was not entitled to recover for; second, in refusing to allow the defendant to show the value of the land appropriated, independent of the improvements, and its…
2Cases cited2 opinions
- Board of Commissioners v. LaboreSupreme Court of Kansas · 1887
- Reisner v. Atchison Union Depot & RailroadSupreme Court of Kansas · 1882
3Cited by1 opinion
- Van Bentham v. Board of CommissionersSupreme Court of Kansas · 1892