Legal Opinion

Kansas City & Southwestern Railroad v. Hurst

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 3 opinions

Error from Cowley District Court. The opinion states the case. Judgment for plaintiff Hurst, at the December term, 1886. The defendant company brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This is an appeal from an award made by the county commissioners of Cowley county for damages sus*463tained by Elizabeth C. Hurst in the appropriation of a right-of-way, and the building of a railroad across her land by the Kansas City & Southwestern Railroad Company. The damages were appraised by the commissioners at $153, and at the trial in the district court the award was increased to $600. It is now contended that the court erred in refusing to dismiss the appeal, and also in permitting the introduction of any testimony whatever. It is…

2Cases cited2 opinions

  1. Mo. River, Fort Scott & Gulf R. R. v. OwenSupreme Court of Kansas · 1871
  2. Kansas City & Southwestern Railroad v. EhretSupreme Court of Kansas · 1889

3Cited by3 opinions

  1. Lake Koen Navigation, Reservoir & Irrigation Co. v. McLain Land & Investment Co.Supreme Court of Kansas · 1904
  2. Burger v. City of WichitaSupreme Court of Kansas · 1931
  3. Board of County Commissioners v. BurkhalterSupreme Court of Kansas · 1907

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