Cline v. Kansas Gas & Electric Company , 182 Kan. 155 ( 1957 )

Price, J.,

dissenting in part: I am in complete accord with that portion of the decision in this case which holds that a landowner may not, in a condemnation proceeding, litigate the validity of the proposed condemnation and the right to appropriate property, and that in order to raise such questions he must bring a separate independent action.

I disagree, however, with the holding that rulings on the admissibility and rejection of evidence constitute reversible error. The testimony of the witness Young might well have been admitted, but, being merely cumulative of other evidence, its rejection did not result in prejudice. As to the testimony concerning limitations placed upon the owner’s use of his property because of the condemnation, it occurrs to me the question merely called for an opinion touching on the matter of diminution in value of the remaining land. In view of other evidence as to values, I also am unable to agree that the restriction of cross-examination of some of the company’s witnesses was prejudicial. All matters relating to the question of damages were fully aired in the trial. On two occasions the jury was taken out to view the property. In the light of the entire record it appears to me that the owner received a fair trial, and to that extent I respectfully dissent.

Parker, C. J., and Hall, J., concur in the foregoing dissent.