23 Kan. 525 | Kan. | 1880
The opinion of the court was delivered by
This was a proceeding commenced by James E. Dryden, against the St. Joseph & Denver City Railroad Company, for the assessment of damages for a right of way over Dryden's land, which right of way had previously been taken and occupied by the railroad company. The right of way had been taken as early as 1860, but this proceeding was not commenced until July, 1875. It was commenced under section 87 (as amended in 1870) of chapter 23, of the General Statutes. (Comp. Laws of 1879, p. 231.) After an assessment of damages was made by the commissioners, and an appeal to the district court by the railroad company, the case was tried in the district court before a jury, and the verdict of the jury, and the judgment of the court, were rendered in favor of the railroad company, and against the plaintiff, Dryden. Dryden then brought the case to this court for review. In this court, his counsel say :
“There are only two questions which we desire to present: First, error in the court in confining the testimony as to damages to the time when the land was appropriated; second, in refusing to permit Dryden to show a former adjudication in his favor, of the questions set up in defense.”
I. With reference to the first question, we would say that we think it makes but very little difference whether the court erred or not with regard to damages. The plaintiff was clearly not entitled to damages upon any theory of computing ór meas
II. As to the second question, we would say that the plaintiff desired to prove said supposed “former adjudication” by introducing in evidence the record of a former case between these same parties. That case was also brought to this court, and it will be found reported in 17 Kas. 278. It is entitled “St. Jos. & D. C. Rld. Co. v. Dryden.” Now the decision of that case was not an adjudication of any .of the questions involved in this case. The decision in that case was an ad
The judgment of the court below will be affirmed.