Hall v. Kansas City, Lawrence & Topeka Electric Railroad

Citations

• 89 Kan. 70
• 130 P. 664
• 1913 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Damages — Market Value-, of Land — Evidence. On appeal from an award of damages for land taken for a right of way, a witness who had dealt in ' land in the general vicinity and had seen and examined the land in question was permitted to give his opinion touching its value, although stating that he was not acquainted with the market value of land in the immediate vicinity. Held not materially prejudicial.</p> <p>2. --- Rental Value of Land Immaterial. In such case when numerous witnesses testify as to their knowledge of the land and its value it is not material error to reject evidence of- • fered by the defendant as to its rental value. ’</p> <p>S. - Character of Surrounding Improvements Immaterial. When witnesses for both parties testify as to their acquaintance' with the land and as to its value before and after the appropriation of the right of way, it is not error to reject evidence in chief as to the character of surrounding improvements offered for the purpose of showing that the condemnation did not in fact damage the land not taken.</p>