City of Kansas v. Street
Court of Appeals of Kansas
Appeal from the Jaelcson Circuit Court. — Hon. Turner A. G-ill, Judge. (1) That a verdict and judgment whose effect is to take away the property of the citizen and pay nothing for it is contrary to law. City of Detroit ®. Daly, 87 N. W. Rep. 11; Watson ®. Harmon, 85 Mo. 443. (2) While a jury is entitled to test the facts before them in the light of their own knowledge and judgment, yet a verdict can not lawfully be rendered based upon facts not in evidence.
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Appeal from the Jaelcson Circuit Court. — Hon. Turner A. G-ill, Judge. (1) That a verdict and judgment whose effect is to take away the property of the citizen and pay nothing for it is contrary to law. City of Detroit ®. Daly, 87 N. W. Rep. 11; Watson ®. Harmon, 85 Mo. 443. (2) While a jury is entitled to test the facts before them in the light of their own knowledge and judgment, yet a verdict can not lawfully be rendered based upon facts not in evidence. Ottawa Gas Light Co. ®. Graham, 28 111. 73; note to said case in 81 Am. Dec. 266. (3) A jury can not disregard the testimony of witnesses…
1Opinion of the CourtEllison, J.
— This is a condemnation proceeding whereby the City of Kansas, for the purpose of widening Woodland avenue, seeks to appropriate five feet *668off the front of plaintiff’s residence lot. The defendant has appealed from the award of damages; his motion for new trial only complaining that the verdict is contrary to the evidence.
The testimony as to value consisted of two witnesses for the defendant, who gave their opinion as to the value of the ground sought to be appropriated, and it may be conceded that the verdict was not in accord with this testimony. But it must be borne in mind that the very…
2Cases cited2 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- City of Kansas v. ButterfieldSupreme Court of Missouri · 1886
3Cited by8 opinions
- State Ex Rel. State Highway Commission v. BaumhoffMissouri Court of Appeals · 1936
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
- Gibbons v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1890
- City of Seattle v. WilliamsWashington Supreme Court · 1906
- Smith v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
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