Leroy & Western Railway Co. v. Anderson
Supreme Court of Kansas
Error from Sumner District Court. Appeal by Anderson from an award of damages by commissioners appointed to condemn a right-of-way over his land for the Leroy & Western Railway Company.
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Error from Sumner District Court. Appeal by Anderson from an award of damages by commissioners appointed to condemn a right-of-way over his land for the Leroy & Western Railway Company. In his petition Anderson alleged that the railroad divided his farm into two parts; that an embankment was thrown up on the right-of-way, and ditches were excavated on each side of the roadbed; that by reason of the embankments and ditches, communication between the different parts of his farm was prevented; that no crossing was put in over the right-of-way; and he claimed damages on account of the embankments…
1Opinion of the Court
Opinion by
Clogston, C.:
The defendant requested the court to submit to the jury for their answers special questions. Four of the questions the court refused to submit, which are as follows:
“Q,. No. 6. How much was the damage to the farm by reason of the necessity of crossing stock from one side to the other?
“Q,. No. 7. How much damage to the laud by reason of the inconvenience for farming and using and occupying such land, caused by the building of said railway through, over and across said land ?
“Q,. No. 8. How much damage to the land by reason of the ditches being cut on each side of…
2Cited by13 opinions
- Kincaid v. WadeSupreme Court of Kansas · 1966
- Anderson v. ThompsonSupreme Court of Kansas · 1933
- Stone v. City of PleasantonSupreme Court of Kansas · 1924
- Foley v. CrawfordSupreme Court of Kansas · 1928
- Henderson v. DeckertSupreme Court of Kansas · 1945
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