Chicago, Bloomington & Decatur Railway v. Kelly

This is a proceeding by the appellant, under the Eminent Domain law, to acquire the right of way for its road. There are three principal defendants, viz., Cora Kelly, Emma A. Kelly and James P. Dooley. Cora Kelly was the owner of a tract of sixty-four acres, Emma A. Kelly of a tract of about thirty-five acres, and James P. Dooley claimed a leasehold interest in another tract of about two and one-half acres. The petitioner sought to condemn a strip fifty feet in width across the two Kelly tracts, the amount of land desired from the first named tract being 2.32 acres, that of the second named…