3 Kan. App. 515 | Kan. Ct. App. | 1896
The opinion of the court was delivered by
This was an appeal from the award of commissioners for compensation for the value of land
We are of the opinion that this case was tried upon an erroneous theory of the law. It is contended by plaintiff in error that in the assessment of damages sustained by the owner of land, by reason of the construction of a railroad through it, evidence is not per
We therefore deem it proper to remand the case for another trial under proper instructions from the'court.' The judgment of the district court is reversed, and this cause remanded for a new trial.