Mitchell v. Illinois & St. Louis Railroad & Coal

On account of an error, or supposed error, in the description of the land first sought to be condemned for the use of the company’s road-bed, the first assessment was, by mutual agreement, set aside, and it was agreed the company should institute new proceedings to condemn the right of way across defendants’ land, as the road had then been constructed. In the first proceedings, the damages were estimated at the sum of $780, which amount was paid to the land owners. It was stipulated the land owners should retain the $780 paid on the first assessment, to be applied in liquidation of the…