The Kansas City v. Fisher
| Decision Date | 01 January 1892 |
| Citation | 30 P. 111,49 Kan. 17 |
| Court | Kansas Supreme Court |
| Parties | THE KANSAS CITY, WYANDOTTE & NORTHWESTERN RAILROAD COMPANY v. GEORGE A. FISHER |
Error from Leavenworth District Court.
THE opinion states the case.
Judgment reversed.
William C. Hook, M. Summerfield, and Pratt, Ferry & Hagerman, for plaintiff in error.
Lucien Baker, for defendant in error.
OPINION
The judgment in this case must be reversed, upon the authority of K. C. W. & N. W. Rld. Co. v. Ryan, just decided. In this case, as in that, the trial judge was dissatisfied with the verdict of the jury and stated that it did not meet with his approval. He, however, said that he would "stand out of the way," and then overruled the motion for a new trial. It was his duty to set the verdict aside and grant a new trial. Upon the trial, the railroad company asked the jury to be instructed as follows:
This was refused. We think it should have been given, in order that the jury might clearly understand the proper definition of market value, or fair value of the property appropriated.
The judgment of the district court will be reversed, and the cause remanded for a new trial. 3 Suth. Dam. 462; Lawrence v. Boston, 119 Mass. 126.
All the Justices concurring.
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Hamilton v. The Atchison
... ... Chapman, 38 Kan. 307, 16 P. 695, 5 Am. St. Rep. 744; ... K. C. W. & N.W. Rld. Co. v. Fisher, 49 ... Kan. 17, 30 P. 111; C. K. & W. Rld. Co. v ... Parsons, 51 Kan. 408, 32 P. 1083.) ... court in granting a new trial. (Bailey v. Beck, 21 ... Kan. 462, 464; City of ... [148 P. 650] ... Kinsley v. Morse, 40 Kan. 588, 20 P. 222; Taylor ... v. Abbott, 85 ... ...
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Kansas City
... ... the attention of the court was directed to it by ... defendant's refused instructions 12 and 13 ... As ... counsel's argument is for the three cases, and alike ... applicable to all, we are willing to stand by the record of ... all of them. The Fisher case was tried first, on April 16 and ... 17. This case was tried upon April 18 and 19. In the Fisher ... case, without either party asking an instruction on the ... subject, the court charged the jury as to averaging. When we ... came to try the Ryan case, it was not presumptuous for us to ... ...
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Redhead Bros. v. Wyoming Cattle Inv. Co.
...party wants to sell and the other to buy. Low v. R. R., 63 N.H. 557 (3 A. 739; Esch v. R. R., 72 Wis. 229 (39 N.W. 129); Kansas City R. v. Fisher, 49 Kan. 17 (30 P. 111); Lawrence v. Boston, 119 Mass. In Bullard v. Stone, 67 Cal. 477 (8 P. 17), speaking of the buyer's remedy against the sel......