St. Louis, Kansas & Arizona Railway Co. v. Chapman
Supreme Court of Kansas
Error from Anderson District Court. On August 26, 1879, the St. Louis, Kansas & Arizona Railway Company, by commissioners duly appointed, condemned fifty lots, and thirty feet of one other lot, all in Chapman’s addition to the city of Garnett, as a right-of-way for said company, and assessed the damages at $227; from which appraisement plaintiff Chapman appealed to the district court.
Read the full summary
Error from Anderson District Court. On August 26, 1879, the St. Louis, Kansas & Arizona Railway Company, by commissioners duly appointed, condemned fifty lots, and thirty feet of one other lot, all in Chapman’s addition to the city of Garnett, as a right-of-way for said company, and assessed the damages at $227; from which appraisement plaintiff Chapman appealed to the district court. Trial at the September Term, 1885. The jury assessed the value of the land taken at $1,500, and the damages sustained by the plaintiff to his other adjacent land at $2,900, and allowed interest, $1,860.10, from…
1Opinion of the Court
Opinion by
Clogston, C.:
The errors complained of are, that the witnesses who were permitted to testify as to the value of the lots appropriated were not competent to testify; and second, that the court erred in its instructions to the jury in relation to the question of value and rule of damages. The objection to the competency of the witnesses by the defendant below arose not from want of a general knowledge of values in the community by the witnesses, or even of a knowledge in a general way of the value of the lots appropriated, but because of the fact that the witnesses showed that they…
2Cases cited1 opinion
- Leavenworth, Topeka & Southwestern Railway Co. v. PaulSupreme Court of Kansas · 1882
3Cited by14 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Hamilton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
- Northern Pac. Ry. Co. v. North American Telegraph Co.Court of Appeals for the Eighth Circuit · 1915
- Walker v. Fleming Motor Co.Supreme Court of Kansas · 1965
- Kansas City & Southwestern Railroad v. EhretSupreme Court of Kansas · 1889
9 more not listed; retrieve them via the Exa API.