Peoria & Rock Island Railway Co. v. Birkett
Illinois Supreme Court
Appeal from the Circuit Court of Mason County; the Hon. Charles Turner, Judge, presiding. This was a proceeding to condemn lands, brought by appellant in Peoria County, and removed, by change of venue, to Mason County. The jury returned the following verdict: “We, the jury, find that the value of the plaintiff’s land, taken by the defendant, is three thousand dollars.
Read the full summary
Appeal from the Circuit Court of Mason County; the Hon. Charles Turner, Judge, presiding. This was a proceeding to condemn lands, brought by appellant in Peoria County, and removed, by change of venue, to Mason County. The jury returned the following verdict: “We, the jury, find that the value of the plaintiff’s land, taken by the defendant, is three thousand dollars. We also find that the damages, aside from the value of the land taken, which the plaintiff has sustained, and will sustain by the taking of the said land, over and above the benefits which will accrue, or have accrued, to him,…
1Opinion of the CourtJustice Thornton
The appellant corporation claims that the damages are excessive; that the verdict does not show who is to fence the road, and who is to make and keep in repair the crossings; and that proper instructions were refused.
From a careful reading of the evidence, we are not prepared to say that the damages are excessive. The land taken lies within the corporate limits of the city of Peoria, and in quantity is over ten acres. Twenty-five witnesses were sworn, whose estimates of the amount of damages range from eighteen hundred to eighteen thousand dollars. According to the witnesses of appellee, the…
2Cases cited1 opinion
- St. Louis, Jacksonville & Chicago Railroad v. MitchellIllinois Supreme Court · 1868
3Cited by12 opinions
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- Challiss v. A. T. & Santa Fe RailroadSupreme Court of Kansas · 1876
- Barlow v. United StatesUnited States Court of Federal Claims · 2015
- Marathon Oil Company v. Gail Heath and the Baltimore & Ohio Railroad CompanyCourt of Appeals for the Seventh Circuit · 1966
7 more not listed; retrieve them via the Exa API.