Indiana, Illinois & Iowa Railroad v. Stauber
Illinois Supreme Court
Appeal from the County Court of LaSalle county; the Hon. H. W. Johnson, Judge, presiding. This was a proceeding commenced by the Indiana, Illinois and Iowa Railroad Company, in the county court of LaSalle county, to condemn the rig'ht of way for appellant’s railroad company across the land of appellees.
Read the full summary
Appeal from the County Court of LaSalle county; the Hon. H. W. Johnson, Judge, presiding. This was a proceeding commenced by the Indiana, Illinois and Iowa Railroad Company, in the county court of LaSalle county, to condemn the rig'ht of way for appellant’s railroad company across the land of appellees. The petition was filed on the 17th day of October, 1899, in the office of the clerk of the county court, on one of the regular days of the September term of the LaSalle county court, but was addressed to the November term, the next succeeding term of that court. Summons was issued on the same…
1Opinion of the CourtJustice Craig
It is first insisted upon by appellant that the court erred in holding that when a condemnation proceeding is heard by a jury chosen from the regular panel it is not an essential qualification of a juryman that he should be a freeholder. By the statute on eminent domain (Rev. Stat. chap. 47, sec. 2,) the corporate or municipal authority, public body, officer, ag'ent, person, etc., desiring to take private property for public use without the owner’s consent, where the compensation to be paid for cannot be agreed upon by the parties interested, may “apply to the judge of the circuit or county…
2Cases cited8 opinions
- Works v. Elgin, Joliet & Eastern Railway Co.Illinois Supreme Court · 1892
- Bowman v. Venice & Carondelet Railway Co.Illinois Supreme Court · 1882
- Rock Island & Peoria Railway Co. v. Leisy Brewing Co.Illinois Supreme Court · 1898
- Haslam v. Galena & Southern Wisconsin R. R.Illinois Supreme Court · 1872
- Wooster v. Sugar River Valley RailroadWisconsin Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Guyer v. Davenport, Rock Island & Northwestern Ry. Co.Illinois Supreme Court · 1902
- Chicago Housing Authority v. LámarIllinois Supreme Court · 1961
- Chicago, Ottawa & Peoria Railway Co. v. RauschIllinois Supreme Court · 1910
- Brand v. Union Elevated RailroadIllinois Supreme Court · 1913