Chicago & Alton Railroad v. Scott

The appellant filed its petition in the county court of Morgan county to condemn a right of way across the farm of Horton E. Scott, the appellee. The appellee filed a cross-petition claiming damages to land not taken. The jury awarded the appellee for land taken the sum of $400 and $4150 damages to his land not taken, and the court, after overruling a motion for a new trial, rendered judgment on the verdict, and the appellant has prosecuted an appeal to this court.

The farm of the appellee contains one hundred and twenty acres of agricultural land fairly well improved, consisting of three…