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CLINE v. KANSAS GAS & ELECTRIC COMPANY

No. 40,701

182 Kan. 155 (1957)

318 P.2d 1000

A.W. CLINE, Appellant and Cross-Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, a Corporation, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

A.R. Lamb, of Coffeyville, argued the cause, and Paul A. Lamb, of Coffeyville, was with him on the briefs for the appellant and cross-appellee.

Jay W. Scovel, of Independence, argued the cause, and Thomas R. Scovel, of Independence, and Stanley Garrity, of Wichita, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of a condemnation proceeding wherein the Kansas Gas and Electric Company, a corporation, sought to appropriate a right of way across land owned by A.W. Cline for the purpose of constructing an electric high line.

For convenience, we will refer to the condemner as the company and to the condemnee as the owner.

The commissioners in condemnation awarded the owner a total...

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