Chicago & Milwaukee Railroad v. Bull
Illinois Supreme Court
This was a proceeding commenced by said company under its special charter, (see Private Laws for session of 1851, page 266,) to ascertain the compensation to be paid by said company to defendant in error, by reason of the location and construction of its railroad over and across a certain tract of land in Lake county, owned by defendant.
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This was a proceeding commenced by said company under its special charter, (see Private Laws for session of 1851, page 266,) to ascertain the compensation to be paid by said company to defendant in error, by reason of the location and construction of its railroad over and across a certain tract of land in Lake county, owned by defendant. The report of the commissioners, fixing said compensation and damages, was made and filed with the clerk of the Circuit Court of said county, and a motion made in behalf of said company for the acceptance and approval of said report by the judge of said…
1Opinion of the CourtBreese, J.
The order entered at October term, 1856, awarding execution, was irregular and unauthorized, and must be set aside.
It is true that the expenses attending the assessment of damages for right of way include costs, but they stand on the same footing as the damages awarded for which execution cannot issue. The law does not so provide. They are to be paid by the company before they can take possession of the land condemned or acquire any right to it whatever.
The judgment awarding execution is reversed and the cause remanded.
Judgment reversed.
2Cited by8 opinions
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1893
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- City of San Francisco v. CollinsCalifornia Supreme Court · 1893
- Cook v. South Park CommissionersIllinois Supreme Court · 1871
- Oregonian Railway Co. v. HillOregon Supreme Court · 1881
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