St. Louis, Jacksonville & Chicago Railroad v. Mitchell
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Soott, Judge, presiding. This was a proceeding instituted hy the St. Louis, Jacksonville & Chicago Railroad Company, to obtain the right of way across certain lands owned by Isaac Mitchell. The proceedings were commenced by petition to a justice of the peace who appointed three commissioners to assess any damages which might accrue thereby.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Soott, Judge, presiding. This was a proceeding instituted hy the St. Louis, Jacksonville & Chicago Railroad Company, to obtain the right of way across certain lands owned by Isaac Mitchell. The proceedings were commenced by petition to a justice of the peace who appointed three commissioners to assess any damages which might accrue thereby. The commissioners assessed the damages at $700. An appeal was taken by Mitchell to the McLean Circuit Court on the amount of damages, and trial had thereon. The cause was tried by a jury, and…
1Opinion of the CourtJustice Lawrence
It was held in the case of T. & P. R. R. Co. v. Unsicker, 22 Ills., 223, that the cost of erecting and maintaining a fence was'a proper element of damages in condemning land for railway purposes. The same principle was applied in R. Island & Alton R. R. Co. v. Lynch, 23 Ills., 645. These cases must be considered as settling the construction of the statute. The 2d section of the law of 1855 in regard to fencing railways, evidently contemplates that the cost of fencing may be assessed as damages, and when these damages are paid, the company may maintain an action against the owner if he…
2Cited by8 opinions
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Elgin, Joliet & Eastern Railroad v. FletcherIllinois Supreme Court · 1889
- Peoria & Rock Island Railway Co. v. BirkettIllinois Supreme Court · 1872
- Lyon v. Hammond & Blue Island RailroadIllinois Supreme Court · 1897
- Peoria & Rock Island Railway Co. v. WarnerIllinois Supreme Court · 1871
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