Schaake v. Kansas City

Citations

• 102 Kan. 470
• 170 P. 804
• 1918 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Railroad, Right of Way ■ — ■ Proper Elements of Damages. Where a railroad is laid through a tract of land and a part of it taken by eminent domain, injury to the remaining land, resulting from the digging of deep borrow pits on the part taken for. a right of way, in which stagnant water will accumulate, as well as injury from weeds growing upon the right of way, from which seeds will be carried onto the adjoining land, may be considered in determining the. depreciation of the remaining land. ,</p> <p>2. Same — -Not a “Quotient Verdict.” 'A verdict of a jury will not be set aside because in considering the amount to be allowed for the land taken, as one of the items of the total damages, each of the jurors set down his estimate of such damages and these were added together and the amount divided by twelve,. where it does not appeár that they agreed in advance that the result so obtained should be their finding, and where an amount differing from the result was adopted upon subsequent consideration, and also- where the total amount of damages allowed was determined without resorting to the method of addition and division.</p>