Kansas City & Emporia Railroad v. Kregelo
Supreme Court of Kansas
Error from Lyon District Court. Appeal by Kregelo from tbe award of commissioners appointed to condemn a right-of-way through Lyon county for the Kansas City & Emporia railroad company.
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Error from Lyon District Court. Appeal by Kregelo from tbe award of commissioners appointed to condemn a right-of-way through Lyon county for the Kansas City & Emporia railroad company. The report of the commissioners was made October 19, 1882, and the appeal taken October 28, 1882. Trial at the March Term, 1883, and verdict against The Railroad Company for $2,045.37. This sum the court adjudged to stand as an award of damages in favor of the plaintiff in the condemnation proceedings appealed from; and it also rendered judgment for plaintiff for $206.80 costs. The Company brings the case…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
J. L. Kregelo is the owner of a farm containing a quarter-section of land in Lyon county' — 'being the southwest quarter of section 17, township 19, range 12. A right-of-way was condemned and appropriated by the Kansas City & Emporia railroad company across the cultivated part of this land. The road enters the farm at its west line, and runs diagonally in a southeasterly direction through it. Before the road was constructed there were three tracks or private roads to go to different parts of the farm. One of these was a lane *610running on…
2Cases cited8 opinions
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
- Lance v. C. M. & St. P. R.Supreme Court of Iowa · 1882
- Pierce v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1870
- Colvill v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
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3Cited by17 opinions
- Kay v. Glade Creek & R. R.West Virginia Supreme Court · 1900
- Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889
- Adams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
- Indianapolis & Cincinnati Traction Co. v. LarrabeeIndiana Supreme Court · 1907
- Chicago, Kansas & Western Railroad v. CosperSupreme Court of Kansas · 1889
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