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Kansas City, Wyandotte & Northwestern Railroad v. Fisher

The Kansas City, Wyandotte & Northwestern Railroad Company v. George A. Fisher

Kan. City, Wyandotte & Northwestern R.R. v. Fisher, 49 Kan. 17 (1892)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
January 15, 1892
Judges
Horton
Citations
49 Kan. 17
Headnotes
Condemnation Pbooeeding — Compensation—Market Value. The market value means the fair value of the property as between one who wants to purchase and one who wants to sell, not what could be obtained for it under peculiar circumstances when a greater than its fair price could be obtained, nor its speculative value; not a value obtained from the necessities of another; nor, on the other hand, is it to be limited to that price which the property would bring when forced off at auction under the hammer. It is what it would bring at a fair public sale when one party wanted to sell and the other to buy.
Summary
Error from Leavenworth District Court. The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Horton

Text extracted by OCR from a scanned original; check the original for exact wording.

*18 The opinion of the court was delivered by Horton, C. J.:

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:

“The market value means' the fair value of the property as between one who wants to purchase and one who wants to sell, not what could be obtained for it under peculiar circumstances when a greater than its fair price could be obtained, nor its speculative value; not a value obtained from the necessities of another; nor, on the other hand, is it to be limited to that price which the property would bring when forced off at auction under the hammer. It is what it would bring at a fair public sale when one party wanted to sell and the other to buy.”

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11905: 11906: 11915: 11926: 11940: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Hamilton v. Atchison, Topeka & Santa Fe Railway Co.148 P. 648 (Kan. 1915)
  2. People v. Schwarz248 P. 990 (Cal. Ct. App. 1926)
  3. Redhead Bros. v. Wyoming Cattle Investment Co.102 N.W. 144 (Iowa 1905)
  4. Chicago, Kansas & Western Railroad v. Parsons51 Kan. 408 (1893)
  5. Dethample v. Lake Koen Navigation, Reservoir & Irrigation Co.85 P. 544 (Kan. 1906)
  6. State v. Atherton100 P.2d 63 (Kan. 1940)

Most recent

  1. State v. Atherton100 P.2d 63 (Kan. 1940)
  2. People v. Schwarz248 P. 990 (Cal. Ct. App. 1926)
  3. Hamilton v. Atchison, Topeka & Santa Fe Railway Co.148 P. 648 (Kan. 1915)
  4. Dethample v. Lake Koen Navigation, Reservoir & Irrigation Co.85 P. 544 (Kan. 1906)
  5. Redhead Bros. v. Wyoming Cattle Investment Co.102 N.W. 144 (Iowa 1905)
  6. Chicago, Kansas & Western Railroad v. Parsons51 Kan. 408 (1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lawrence v. City of Boston, 119 Mass. 126 (1875) 40

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