Harder v. Kansas & Colorado Pacific Railway Co.

Citations

• 74 Kan. 615
• 87 P. 719
• 1906 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Consolidation of Actions. A judgment will not be reversed on account of the refusal of the trial court to consolidate the action in which it was rendered with another merely because such a consolidation might have been proper. To procure a reversal on account of such ruling the party aggrieved must show that his rights have been substantially prejudiced thereby.</p> <p>2. -;— Prejudice Not Shown, nor Presumed. A husband and wife severally owned tracts of land which adjoined and which were used as one property, but not as á homestead. A railway company condemned a right of way across both tracts. Each separately appealed from the award of damages made by the commissioners on account of the land taken from the corresponding tract. A motion made by the landowners in the district court to consolidate the cases was denied. Reid, that there is no presumption that such ruling was prejudicial to the substantial rights of the parties, and that in this case no such prejudice is shown.</p>