Kansas Central Railway Co. v. Allen
Supreme Court of Kansas
Error from Jefferson District Court. In June, 1877, the Kansas Central Railway Company made written application to the judge of the district court of Jackson county for the appointment of commissioners to make the appraisement and assessment of damages of a right of way for its road through that county. The commissioners were appointed, and subsequently made and filed their report in the office of the county clerk.
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Error from Jefferson District Court. In June, 1877, the Kansas Central Railway Company made written application to the judge of the district court of Jackson county for the appointment of commissioners to make the appraisement and assessment of damages of a right of way for its road through that county. The commissioners were appointed, and subsequently made and filed their report in the office of the county clerk. The line of the proposed route for the railroad was through the S. E. J and the E. J of the S.W.jj of section 25, township 6, range 14, being the lands of William A. Allen. The…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The errors alleged are, that the court refused to allow the jury to be conducted to and have a view of the premises appropriated for the route of the railroad, and that the jury were misdirected in a material point of law.
In regard to the first allegation of error, it is sufficient to say that the matter of viewing the premises is left by the statute to the discretion of the court. Section 227 of the code provides:
“Whenever, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of…
Also in this document: Concurrence.
2Cases cited3 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Evans v. HaefnerSupreme Court of Missouri · 1859
3Cited by60 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Quick v. TaylorIndiana Supreme Court · 1888
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Mammoth Cave National Park Ass'n v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1935
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
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