Maton Bros. v. Central Illinois Public Service Co.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.

Appellee recovered a judgment against appellant in the circuit court of Shelby county for the sum of $89,320.16. A jury was waived and the cause submitted to the court for trial.

The declaration consists of an amended count of trespass quare clausum fregit and three counts in case. In the amended trespass count it is alleged in substance that plaintiff is now and has been since October 3,1927, the owner of certain described real estate consisting of two tracts of land, one containing 4.7 acres and the other 12.86 acres which are…