Raney v. North Topeka Drainage District

The opinion of the court was delivered by

Porter, J.:

The North Topeka Drainage District by condemnation proceedings appropriated land belonging to Raney for the purpose of constructing a dike to prevent the overflow of the Kansas river. Raney appealed *689to the district court from the award of damages. The jury fixed the damages at the sum of $2000 and allowed interest thereon from the time the dike was constructed. The drainage district appeals from this judgment.

The principal error claimed relates to the instructions. The court refused to instruct the jury as follows: ■

“The condemnation and…