Chicago, Kansas & Western Railroad v. Anderson
Supreme Court of Kansas
Error from EioMnson District Court. This was an appeal from an award of commissioners, condemning a right-of-way for the Chicago, Kansas & Western Eailroad Company, through the northeast quarter of section 33, in township 15 south, of range 3, in Dickinson county.
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Error from EioMnson District Court. This was an appeal from an award of commissioners, condemning a right-of-way for the Chicago, Kansas & Western Eailroad Company, through the northeast quarter of section 33, in township 15 south, of range 3, in Dickinson county. The total damages allowed by the commissioners were $246.40. Trial had at the June term, 1887. The jury assessed the damages at $1,040, and also returned the following special findings of fact: “1. What is the quantity of land taken for right-of-way? Ans.: acres. “2. What was the value per acre of the land taken at the time the road…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In the condemnation proceedings, B. M. Anderson, one of the appellants, was named as the probable owner of the laud appropriated. The right-of-way was taken from a quarter-section of land occupied as the residence of the family of B. M. Anderson as a homestead. The title of the land was in the wife, Irene E. Anderson. From the award of the commissioners an appeal was taken by both B. M. Anderson and his wife, Irene E. Anderson. B. M. Anderson testified as a witness in the case, at very great length. The railroad company objected to his…
2Cases cited3 opinions
- Canty v. LatternerSupreme Court of Minnesota · 1883
- Douglass v. GeilerSupreme Court of Kansas · 1884
- Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889
3Cited by5 opinions
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- Jockheck v. Board of CommissionersSupreme Court of Kansas · 1894
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- Salina Northern Railroad v. AllisonSupreme Court of Kansas · 1917