Cities Service Gas Co. v. Riverside Drainage District

The opinion of the court was delivered by

Johnston, C. J.:

This was a condemnation proceeding where land owned by the Cities Service Company was condemned and appropriated for the purposes and uses of the Riverside drainage district, under the drainage act of 1905, R. S. 24-401 et seq. An appeal from the award was taken to the district court where a trial was had with a jury, which returned a verdict in favor of the Cities Service Company, assessing the amount of its recovery at $40 when it was asking $2,389.17. The Cities Service Company appeals.

A tract of about twelve acres adjoining the city…