Rock Island & Peoria Railway Co. v. Leisy Brewing Co.
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This is a condemnation proceeding, begun by the appellant company for the purpose of condemning seven lots in the city of Peoria, to-wit, lots 29, 30, 31, 32, 33, 34 and 37 in Mills’ second addition to that city. Lots 29, 30 and 31 are the property of the appellee, the Leisy Brewing Company, and lots 32, 33, 34 and 37 belong to the appellee, Jane A. Guth.
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Appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This is a condemnation proceeding, begun by the appellant company for the purpose of condemning seven lots in the city of Peoria, to-wit, lots 29, 30, 31, 32, 33, 34 and 37 in Mills’ second addition to that city. Lots 29, 30 and 31 are the property of the appellee, the Leisy Brewing Company, and lots 32, 33, 34 and 37 belong to the appellee, Jane A. Guth. The lots front on Water street in the city of Peoria, and run back to or towards the Illinois river, or that part of the river which, at that point, is…
1Opinion of the CourtJustice Magruder
First—The first ground, urged by tjie appellant in favor of reversing the judgment below, is that the damages awarded by the jury are excessive, and not warranted by the preponderance of the evidence.
There is great conflict in the testimony of the witnesses as to the value of the property condemned. Such conflict always exists in cases of this character. The witnesses for the appellant estimate the value of the lots at from §5.00 per front foot for the unfilled lots to §12.00 per foot for the filled lots. The highest valuation put upon the lots by the testimony for the appellant is something…
2Cases cited9 opinions
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