Smith v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This was a proceeding to condemn land for the widening and improvement of a highway. It was instituted by the commissioners of Wyandotte county, who proposed to take a strip of land along the highway in front of the fruit farm of Edgar T. Smith. Appraisers who were appointed reported that the damage occasioned by the appropriation was $102.25. Smith appeared before the commissioners and claimed damages in the sum of $3,133.75. His claim was rejected and the award of $102.25 was approved and allowed. He took an appeal to the district…