Kankakee & Seneca Railroad v. Straut

Appellant filed a petition to condemn the right of way for the location of its road over a portion of appellee’s land. A trial was had, and the jury assessed $400 as the damages appellee would sustain by reason of the construction of the road. A motion for a new trial was entered, but it was overruled by the court and an order of condemnation entered, in pursuance of the statute, and the company appeals and asks a reversal.

In the view we take of the case it becomes necessary to consider but one question discussed. After the evidence was heard and the case was argued, but before the jury were…