Convers v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: On June 7th and 10th, 1887, respectively, the Atchison, Topeka and Santa Eé Railroad Company in Chicago, the defendant in error, filed two petitions in the County Court of Cook County, Illinois, to condemn the right of way through, certain lands. The present plaintiff in error was made a party defendant to each of those proceedings.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: On June 7th and 10th, 1887, respectively, the Atchison, Topeka and Santa Eé Railroad Company in Chicago, the defendant in error, filed two petitions in the County Court of Cook County, Illinois, to condemn the right of way through, certain lands. The present plaintiff in error was made a party defendant to each of those proceedings. He appeared, and in each filed a cross-petition, alleging his ownership of a particular tract, and praying specified damages for its…
1Opinion of the CourtJustice Brewee
The single question in this case is, whether the verdict and judgment responded to the issues tendered by the pleadings. A bill of exceptions was prepared, showing that the testimony presented to the jury was simply as to the damages resulting from the appropriation of the proposed right of way by the railroad company; and that no. testimony was offered by Convers as to the extent and nature of his title, and none by the railroad company in any manner challenging it. By the •express language of the verdict the amount found by the jury was the total amount of compensation due for the…
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