Chicago, Peoria & St. Louis Railway Co. v. Brinkman

The appellant instituted proceedings for condemnation of right of way over certain lands owned by appellee in Madison County before a circuit judge and jury of that county and t circuit. In that proceeding appellee filed a cross-petition for injury to lands not taken. The jury returned a verdict finding compensation for the land actually taken for right of way at $902.50, and further found the damage sustained by appellee to contiguous lands not taken and described in the cryss-petition to be $1,037.50. The petition filed by appellant described the land to be taken and, on the hearing, a…