Chicago, Kansas & Western Railroad v. Muller

Opinion by

Green, C.:

George Muller owns the northwest \ of section 28, township 29 south, of range 2, in Sedgwick county. The plaintiff in error condemned a right-of-way for a railroad over said land, and five and twelve-one-huudredths acres were taken, for which the commissioners allowed $439.40; The defendant in error appealed from this award to the district- court, and a jury assessed his damages at $800, and a. judgment was rendered accordingly. The railroad company excepted, and brings the case here.

I. The first error alleged is in the admission of evidence*

The plaintiff was asked how…