Raney v. North Topeka Drainage District

Citations

• 84 Kan. 688
• 115 P. 399
• 1911 Kan. LEXIS 399

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Instructions — Failure to Instruct Not Prejudicial Error. A tract of land was appropriated by a drainage district and a dike constructed across the same sixty feet wide at the base and eight feet above, the ground. Witnesses testified as to the usable value of the land not occupied by the dike. The court instructed in general terms that the fee title of the land remained in the owner, and that the drainage district simply acquired the right to build and maintain the dike. Held, that the failure to instruct specifically that the owner has the right to such use of the land as will not interfere with the maintenance of the dike was not prejudicial error.</p> <p>2. Damages — Interest. The allowance of interest on the damages from the time of the construction of the dike was proper.</p>