Springfield Southwestern Railway Co. v. Schweitzer

Defendant Schweitzer was the sometime owner of four parcels of real estate in the city of Springfield — for convenience numbered tracts 1, 2, 3, and 4, severally. Tract 3 alone concerns us. Defendant machine company was in possession of tract 3 as a tenant of Schweitzer. In the exercise of its delegated right of exercising the power of eminent domain, plaintiff railway company brought a condemnation proceeding in the G-reene Circuit Court against Schweitzer, as owner, to condemn all four tracts for railway purposes, and made machine company a party defendant. Such steps were ultimately taken…