Craig v. Salina Northern Railroad

Citations

• 102 Kan. 838
• 172 P. 21
• 1918 Kan. LEXIS 154

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Railroad Right of Way — Measure of Damages to Farm as a Whole — Evidence. In the trial of an appeal from an award of damages for the appropriation of a railroad right of way through a farm, a witness for the landowner testified that he could give an opinion as to the value of the farm as a whole, but not of the separate tracts of which it was composed. Held, that no reversible error was committed in sustaining objections to questions asked him on cross-examination as to the value of specific tracts, and as to how he could tell what the whole was worth without knowing the value of the different parts.</p> <p>2. Same — Instructions. The instructions in such a case held not to be objectionable as failing to state the issues.</p> <p>3. Same — Findings as to Damages to Each Separate Tract Not Required. In such a case no error is committed in the refusal to require the jury to answer questions as to how much depreciation in the value of each of several tracts forming a part of the farm was caused by the appropriation of the right of way.</p> <p>4. Same — No Error in Refusing Special Question. In such a case no error is committed in the refusal to require the jury to enumerate the considerations that tended to make the farm less valuable by reason of the location of the railroad.</p> <p>6. Same — Verdict—-No Passion or Prejudice Shown. The record held not to show that the verdict was the result of passion or prejudice.</p> <p>6. Same — Interest on Damages Properly Computed. On an appeal from an award in condemnation proceedings the allowance of interest from a date subsequent to the appropriation is held not to have been erroneous.</p>