City of Topeka v. Martineau

The opinion of the court was delivered by

Johnston, J.:

1. Street-lowering grade-diminished value-testimony. This was an appeal by Procule Martineau from an award of damages for injuring his property in the city of Topeka by lowering the established street grade in front of the same. The trial resulted in a verdict and judgment against the city for $800, and it brings the case here, complaining of rulings on the admission of evidence and in charging the jury. It is claimed that witnesses were permitted to give an estimate of the damage suffered, and to do that which the jury alone can do; but…