Chicago, Iowa & Kansas Railroad v. Townsdin
Supreme Court of Kansas
Error from Cloud District Court. The Chicago, Iowa & KaNsas Railroad Company instituted condemnation proceedings for a right-of-way over William 8. Townsdin’s premises. The commissioners assessed his damages at $149.75. He appealed to the district court. The jury assessed his damages at $194.90, and judgment was entered thereon, with the costs. The railroad company contends that Townsdin should be taxed with the costs, under § 528 of the civil code.
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Error from Cloud District Court. The Chicago, Iowa & KaNsas Railroad Company instituted condemnation proceedings for a right-of-way over William 8. Townsdin’s premises. The commissioners assessed his damages at $149.75. He appealed to the district court. The jury assessed his damages at $194.90, and judgment was entered thereon, with the costs. The railroad company contends that Townsdin should be taxed with the costs, under § 528 of the civil code. That section reads: “After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
The Chicago, Iowa & Kansas Railroad Company commenced proceedings for the condemnation of a certain strip of land owned by William S. Townsdin, for railroad purposes. Townsdin was dissatisfied with the award of the commissioners, and appealed to the' district court. Upon the final trial he recovered the sum of $194.90. Subsequently, the trial court ordered the assessment of the commissioners to be corrected in accordance with the verdict, and rendered judgment in favor of Townsdin and against the railroad company for the costs, taxed at…
2Cases cited2 opinions
- Seymour, Sabin & Co. v. CooperSupreme Court of Kansas · 1881
- Fuller v. Wells, Fargo & Co.Supreme Court of Kansas · 1889
3Cited by3 opinions
- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- Tilton v. Iowa Power and Light CompanySupreme Court of Iowa · 1959
- State Highway Commission v. HembrowSupreme Court of Kansas · 1963