Dethample v. Lake Koen Navigation, Reservoir & Irrigation Co.

The opinion of the court was delivered by

Greene, J.:

This action originated in a proceeding to condemn the plaintiff’s lands. From the award of the commissioners he appealed to the district court, where he recovered a judgment for an amount which he claims was grossly inadequate, the result, as he now contends, of errors committed by that court in excluding testimony, in admitting incompetent testimony prejudicial to his rights, in giving misleading and erroneous instructions, and in submitting special questions to the jury upon a wrong theory adopted by the court as to the methods of proving…