Kansas City, Mexico & Orient Railway Co. v. Littler

Citations

• 70 Kan. 556
• 79 P. 114
• 1905 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Right of Way — Proof of Consequential Damage. Upon an appeal from an award of commissioners giving L. damages for the taking of a right of way for a railroad, he sought to prove consequential damage to his land as an entire tract. It had, however, before this been divided by the right of way of another railroad. To establish his ownership, he introduced a deed under which he claimed title, which excepted from its operation the right of way of the other railroad. Held, that under this state of the proof he was not entitled to introduce evidence of the consequential damage occasioned to the entire tract.</p>