Skalicky v. Friendship Electric Light & Power Co.

The appellant company contends that upon the appeal taken by the petitioners from the award of the commissioners there must be a trial de novo in the circuit court of all the issues presented by the petition and the answer. The respondents contend that the company, having failed to file exceptions to the findings made in the first hearing wherein commissioners were appointed and having failed to appeal from the order therein, is conclusively bound by the result of the preliminary hearing and that no question *399is or can be presented on appeal other than the amount of damages for the taking. The…