Wuester v. Topeka & Northwestern Railroad

Citations

• 85 Kan. 636
• 118 P. 1054
• 1911 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Right of Way — Damages—Title—Evidence. On. a trial,' the plaintiff, to prove the material fact of his ownership of a tract of land, introduced in evidence a deed thereto, which purported to convey such title to himself and another who was not a party in the action. Thereafter the plaintiff offered in evidence a written statement executed by the other-grantee by the terms of which such other disclaimed any interest in the land from the. date .of the'deed. Held, the admission of such disclaimed’, over the objection of the defendant,, was material error.</p> <p>2. -— -Damages — Maintenance of Crossings — Instructions. On the trial of an appeal from an award by commissioners, of damages for the condemnation of a right of way across a farm, the jury inspected the premises upon which the -grade,, with over and under -crossings, had theretofore ■ been made.. The plat, or profile, furnished to the. commissioners had no crossings indicated thereon. Held, if on such trial the railroad company indicates by requesting an instruction, or it is otherwise indicated upon the record, that it assumed the- ■ maintenance . of such crossings, then the court should have . instructed the jury to allow no damages for making or maintaining such crossings as were then.made.</p>