41 Kan. 736 | Kan. | 1889
The opinion of the court was delivered by
This was a proceeding instituted on December 7, 1886, by the Chicago, Kansas & Western Railroad Company to procure a right-of-way over and across the following, among other lands in Dickinson county, to wit: The northeast quarter of section 5, in township 14 south, of range 3 east, containing about 164 acres. The land belonged to John 0. Dill, and the damages thereto were assessed in his favor and in his name. A strip of land containing about 5.32 acres was appropriated by the railroad company for its right-of-way. The commissioners assessed his damages in the aggregate at $232.80, and he appealed to the district court, where the case was tried before the court and a jury, and the jury returned a general verdict in favor of Dill and against the railroad company, and assessed his damages at $1,066; and also made special findings of fact, finding that immediately before the
Some other points are made in the brief of counsel, but they do not require comment.
The judgment of the court below will be affirmed.