Strange v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Illinois Supreme Court
Appear from the Appellate .Court for the Fourth District ;—heayd in that court on appeal from the Circuit Court of Crawford county; the Hon. Enoch E. Newlin, Judge, presiding. This is, an action on the case brought by appellee, George W. Strange, against appellant, in the circuit court of Crawford county. The amended declaration consisted of three counts.
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Appear from the Appellate .Court for the Fourth District ;—heayd in that court on appeal from the Circuit Court of Crawford county; the Hon. Enoch E. Newlin, Judge, presiding. This is, an action on the case brought by appellee, George W. Strange, against appellant, in the circuit court of Crawford county. The amended declaration consisted of three counts. In the first count it was averred that appellee was the owner and in possession of a certain eighty-acre tract of land, except one hundred feet off the west side thereof, in Crawford county; that appellant was in possession of said one…
1Opinion of the CourtChief Justice Farmer
The only material question for decision is whether the correct measure of damages was adopted in the trial of the case. Appellant’s contention is, that under the pleadings and the evidence appellee was not entitled to recover for a permanent injury to his land, but could only recover such damages as had accrued up to the time of the commencement of the suit.
Appellee by his declaration treated the railroad embankment and bridges as permanent structures and declared for damages for permanent injury to his land. On the trial appellant did not controvert by any testimony the evidence offered by…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
3Cited by18 opinions
- Jones v. Sanitary DistrictIllinois Supreme Court · 1911
- Tamalunis v. City of GeorgetownAppellate Court of Illinois · 1989
- O'BRIEN v. City of O'FallonAppellate Court of Illinois · 1980
- Richards v. Village of EdinburgAppellate Court of Illinois · 1968
- Mileur v. McBrideAppellate Court of Illinois · 1986
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