Tobie v. Commissioners of Brown County
Supreme Court of Kansas
Error from Brown District Court. At the August Term 1875 of the district court, Tobie recovered judgment for $129.33 as and for the damages sustainecl to the lands belonging to the estate of her testator by reason of the laying out and opening'of a highway through such lands.
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Error from Brown District Court. At the August Term 1875 of the district court, Tobie recovered judgment for $129.33 as and for the damages sustainecl to the lands belonging to the estate of her testator by reason of the laying out and opening'of a highway through such lands. At the April Term 1876, such judgment was corrected, and reduced to $9.33; and from the order and decision of the court in so reducing such judgment, Tobie appeals, and brings the case here on error for review. All necessary facts are stated in the opinion. ■
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
statement of facts. This was an action concerning damages on the laying out of a public road. The board of county commissioners allowed Peter Tobie twenty-five dollars as his damages for the location of the road through his land, and being dissatisfied, he appealed to the district court of Brown county. During the pendency of the action there, he died, and the case was revived and prosecuted in the name of his executrix, the plaintiff in error. On the trial, the jury returned a general verdict for the appellant for $129.33, as the amount…
2Cases cited3 opinions
- Venard v. CrossSupreme Court of Kansas · 1871
- Comm'rs of Pottawatomie County v. O'SullivanSupreme Court of Kansas · 1876
- Small v. DouthittSupreme Court of Kansas · 1863
3Cited by23 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Cooper v. RheaSupreme Court of Kansas · 1910
- Carlgren v. SaindonSupreme Court of Kansas · 1930
- Rudder v. Limestone CountySupreme Court of Alabama · 1929
- Seeds v. American Bridge Co.Supreme Court of Kansas · 1904
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