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

Citations

• 84 Kan. 339
• 114 P. 212
• 1911 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Obstruction of Ingress and Egress — Existence of an Alley — Burden of Proof. In an action to recover for obstructing ingress and egress, by laying a railroad track in the street on which the appellee’s property fronts, the railway company claimed that there was an alley in the rear. The city plat introduced by plaintiff showed no alley. The court charged that the burden of showing the existence of such alley was upon the railway company. Held, proper.</p> <p>2. - Instructions — Measure of Damages. A charge to find the value of the property, before and after the obstruction, “for the purpose for which it could most advantageously be used,” does not restrict the jury to a consideration of its value for residence purposes only.</p> <p>3. Evidence — Cross-examination—Discretion of the Court. The trial court may and should exercise a sound discretion in limiting the cross-examination of plaintiff's witnesses who testify as to the value of the property, when it is sought by such cross-examination to draw out a detailed description of various other properties in the same vicinity.</p>