Lind v. Chicago, Kansas & Western Railroad
Supreme Court of Kansas
Error from, Woodson District Court. John Lind was the owner of the north half of section 32, township 25, range 16, in Woodson county. In February, 1887, The C. K. & W. Rid. Co., in the method provided for by law, condemned a right-of-way through this tract.
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Error from, Woodson District Court. John Lind was the owner of the north half of section 32, township 25, range 16, in Woodson county. In February, 1887, The C. K. & W. Rid. Co., in the method provided for by law, condemned a right-of-way through this tract. Commissioners were appointed, and their report was filed with the county clerk on February 15; on the 22d the plaintiff appealed from the award of damages; trial in the district court on March 15, 188-. Before the trial the defendant offered to confess judgment for $300.50. The jury returned a verdiet in favor of plaintiff for $250, and…
1Opinion of the Court
Opinion by
Holt, C.:
The plaintiff claims that there was error in the introduction of testimony, and in giving and refusing instructions. The railway divides the farm through which it runs, so that a part of the pasture land is separated from the water in another part thereof. There is nothing upon the profile or notes filed with the county clerk to show that there would be a passage under the track, nor was there any contract entered into between the parties concerning one. Upon the trial, testimony was offered of Mr. Bardeen, of the engineer corps of defendant, concerning a passage-way to be…
2Cases cited1 opinion
- St. Paul & Sioux City Railroad v. MurphySupreme Court of Minnesota · 1873
3Cited by1 opinion
- Wuester v. Topeka & Northwestern RailroadSupreme Court of Kansas · 1911