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HOGUE v. KANSAS POWER & LIGHT CO.

No. 46,835

212 Kan. 339 (1973)

510 P.2d 1308

DON F. HOGUE and FERN H. HOGUE, his wife, Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

John R. Hamilton, of Crane, Martin, Claussen & Hamilton, of Topeka, argued the cause, and Ward D. Martin, of the same firm, was with him on the brief for the appellants.

Edward L. Bailey, of Cosgrove, Webb & Oman, of Topeka, argued the cause, and James D. Waugh, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal by the plaintiff landowners, Don F. Hogue and Fern H. Hogue, his wife, from an award of damages entered in eminent domain proceedings.

In the year 1970, the Kansas Power and Light Company, herein referred to as KPL or defendant, undertook to condemn a permanent right of way across a 410 acre tract of land northwest of Topeka owned by...

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