Wabash, St. Louis & Pacific Railway Co. v. McDougall
Illinois Supreme Court
Writ of Error to the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding. The plaintiffs in error instituted this proceeding in the circuit court of Menard county, to condemn a right of way; one hundred feet wide,, for their railroad, over and across lands of McDougall and Hamilton, described as part of the north-west, quarter of section 11, township 19 north, range 8 west, and part of the north fractional half of section 10, same township.
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Writ of Error to the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding. The plaintiffs in error instituted this proceeding in the circuit court of Menard county, to condemn a right of way; one hundred feet wide,, for their railroad, over and across lands of McDougall and Hamilton, described as part of the north-west, quarter of section 11, township 19 north, range 8 west, and part of the north fractional half of section 10, same township. The petition represents that the plaintiffs were the owners of and operating a railroad between the city of Springfield and Havana,…
1Opinion of the CourtJustice Sheldon
As the lands described in the petition and cross-petition were owned by one Bennett at the time the railroad in question was constructed, and the defendants in error purchased them from Bennett subsequent to the building of the road, it is insisted that whatever damage was done to the lands •described in the cross-petition by reason of grading the roadbed and constructing the railroad, was to Bennett, and that, in the absence of all evidence on that subject, it may be presumed the railroad company adjusted the damages with him; that if Bennett did not insist upon the payment of these damages,…
2Cases cited4 opinions
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Chicago & Iowa Railroad v. HopkinsIllinois Supreme Court · 1878
- Dupuis v. Chicago & North Wisconsin Railway Co.Illinois Supreme Court · 1885
- Toledo, Wabash & Western Railway Co. v. MorganIllinois Supreme Court · 1874
3Cited by15 opinions
- Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- State Highway Commission v. StumboOregon Supreme Court · 1960
- Kotz v. Illinois Central RailroadIllinois Supreme Court · 1900
- Turner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
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