Calkins v. Salina Northern Railroad

Citations

• 102 Kan. 835
• 172 P. 20
• 1918 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — 'Damages — Findings Not Conflicting. In a condemnation proceeding a special finding of a jury that there was no evidence of the depreciation of each part of a farm lying on either side of the right of way, does not conflict with another finding of.the damage to the land as a whole, nor indicate that the finding as to damages awarded for the lhnd not taken for right of way was not supported by the evidence.</p> <p>2. Same — Interest on Damages. A proceeding to condemn private property for public use does not involve a .tort, and an owner whose land is so appropriated is entitled to interest on the damages sustained by him between the time of the appropriation and the time of the rendition of judgment.</p>