City of Kansas v. Kansas City, Topeka & Western R.R. Co.

• Decision Date: 31 October 1884
• Citation: 84 Mo. 410
• Court: Missouri Supreme Court
• Parties: THE CITY OF KANSAS v. THE KANSAS CITY, TOPEKA & WESTERN RAILROAD COMPANY et al., Appellants.

84 Mo. 410

THE CITY OF KANSAS

v.THE KANSAS CITY, TOPEKA & WESTERN RAILROAD COMPANY et al., Appellants.

Supreme Court of Missouri.

October Term, 1884.

Gardiner Lathrop and Pratt, Brumback & Ferry for appellants.

D. S. Twitchell for respondent.

HENRY, C. J.

The City of Kansas instituted a proceeding to condemn a strip of land twelve feet wide, east and west, and thirteen hundred and twenty feet long, north and south, in order to widen to that extent Liberty street, which runs north and south. Of this strip five hundred and five feet belonged to the appellant railroad company, and six hundred and forty-nine feet to the elevator company, upon which said railroad company had a railroad track, and the balance of the strip was owned by the West Kansas City Land Company. The proceeding was had, in the first instance, before the mayor, and was appealed to the circuit court, where, on a trial de novo, witnesses were introduced who estimated the value of the land, one at four dollars per front foot, two at five dollars, one at five dollars, but he thought that it was worth to the railroad four times that amount. The jury went upon the land and examined it, and assessed the damages to the railroad company at $1512.50, and assessed it for benefits six hundred and twenty-one dollars. The damages to the elevator company were assessed at sixteen hundred and twelve dollars, and it was assessed for benefits three hundred and twenty-four dollars. The land company was allowed for damages four hundred and fifteen dollars, and assessed one dollar for benefits. The instructions to the jury are not complained of, but it is strenuously contended that the jury disregarded the evidence and instructions in assessing the damages.

The instructions are as follows:

“2. You will then, in the first place, ascertain and assess the actual damages done each person in consequence of the taking of their property for the purpose of widening a part of Liberty street, according to ordinance number 18,845, passed by the common council of the City of Kansas, and approved February 21, 1880, and allow the same to such parties whose property is taken as the just compensation to be made therefor; and in allowing such damages you will assess the same without any reference to the proposed improvement.”

“3. And in the next place, to pay such damages and compensation for the property thus taken, you will assess against the City of Kansas such an amount as you find and believe said city and the public...