Illinois, & Minnesota Railway Co. v. Easterbrook
Illinois Supreme Court
Appeal from the County Court of DeKalb county; the Hon. William L. Pond, Judge, presiding. This was a condemnation proceeding, brought by the Illinois, Iowa and Minnesota Railway Company, appellant, in the county court of DeKalb county, on March 7, 1904, to condemn a strip of land, one hundred feet in width, through two tracts of land in said county, one of said tracts containing .i 60 acres and belonging to appellees, Alvin, James and Wilson Easterbrook, and the other…
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Appeal from the County Court of DeKalb county; the Hon. William L. Pond, Judge, presiding. This was a condemnation proceeding, brought by the Illinois, Iowa and Minnesota Railway Company, appellant, in the county court of DeKalb county, on March 7, 1904, to condemn a strip of land, one hundred feet in width, through two tracts of land in said county, one of said tracts containing .i 60 acres and belonging to appellees, Alvin, James and Wilson Easterbrook, and the other containing 40 acres and owned by appellee, Priscilla Easterbrook. The right of way passes diagonally across the north-east…
1Opinion of the CourtJustice Scott
It is assigned as error that the verdict under consideration was excessive in amount. Appellant’s contention below, and now, is that there was no damage to the lands not taken, and its witnesses so testified. A greater number of witnesses, testifying on the part of appellees, stated that the lands not taken would be damaged, and fixed the damages at varying amounts. The allowance for damages to lands not taken, fixed by the verdict, is less than the average of the estimates of appellees7 witnesses. Appellant bases its contention principallyupon its assertion that its witnesses were better…
2Cases cited1 opinion
- Illinois Central Railroad v. TurnerIllinois Supreme Court · 1902
3Cited by5 opinions
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- Chicago & Alton Railway Co. v. StaleyIllinois Supreme Court · 1906