Legal Opinion

Illinois, & Minnesota Railway Co. v. Easterbrook

Illinois Supreme Court

Decided October 24, 1904PublishedCited by 5 opinions

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

  1. Illinois Central Railroad v. TurnerIllinois Supreme Court · 1902

3Cited by5 opinions

  1. Waukegan Park District v. First National BankIllinois Supreme Court · 1961
  2. State ex rel. N. W. Electric Power Cooperative, Inc. v. WaggonerMissouri Court of Appeals · 1959
  3. State Ex Rel. State Highway Commission v. GoodsonSupreme Court of Missouri · 1955
  4. State Ex Rel. State Highway Commission v. MinkMissouri Court of Appeals · 1956
  5. Chicago & Alton Railway Co. v. StaleyIllinois Supreme Court · 1906

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