Florence, El Dorado & Walnut Valley Railroad v. Pember

Opinion by

StrANG, C.:

This was an appeal from right-of-way condemnation proceedings.

It was tried in the district court of Cowley county before a jury January 4, 1888, resulting in a verdict for the defendant for the sum of $1,460. Motion for a new trial was overruled, and the plaintiff brings the case here for review. The first error complained of arose out of the action of the court in refusing to withdraw certain evidence from the jury. The plaintiff was asked the following question:

“ Q. What other inconvenience arises from the cultivation of the land on the west side of the railroad? A. It…