(Download) "Kamo Electric Cooperative v. William C." by Kansas City District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Kamo Electric Cooperative v. William C.
- Author : Kansas City District Missouri Court of Appeals
- Release Date : January 05, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
By this proceeding plaintiff Kamo Electric Cooperative, Inc., has condemned a strip of land 100 feet wide and 2805 feet long across the 220 acre farm of defendants William C. Cushard and Elizabeth Ruth Cushard, as a perpetual right-of-way easement for purposes of constructing and maintaining an electric transmission line. The commissioners appointed by the court assessed defendants' damages at $1,250.00 and defendants filed exceptions to the award. Upon trial by a jury in circuit court on the issue of how much the market value of defendants' farm had been reduced by its subjection to the easement, the jury returned its verdict awarding defendants the sum of $4,800.00. Plaintiff has appealed. Kamo's principal assignments of error are (1) that the trial court erred in receiving and permitting the jury to consider evidence as to the ""looks"" and ""unsightliness"" of the transmission line ""in assessing respondents' damages"" and in refusing an instruction withdrawing that element of damage from the jury's consideration, and (2) that the trial court erred ""in receiving and permitting the jury to consider the element of danger or hazard in assessing respondents' damages"" and in refusing an instruction withdrawing the element from the jury's consideration.