Missouri, Kansas & Texas Railway Co. v. Roe

Citations

• 77 Kan. 224
• 94 P. 259
• 1908 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Eminent Domain — Measure of Damages. A railroad company condemned for its corporate use portions 'of two blocks divided into lots, comprising part of an addition to a city. The two blocks were fenced with two others, making a tract of about eight acres nearly in the form of a square, which was' cross-fenced. The alleys were- not opened through the tract, and streets and alleys were not followed in that part of the' city. The owner sued for damages on account of the land taken and the injury to the remainder of the two blocks from which land was taken. Held: (1) The plaintiff was entitled' to compensation according to the most advantageous and profitable use he could make of his land. (2) The defendant could not insist that the plaintiff treat his entire holding as a farm in order to minimize his damages.</p>