Jones v. Chicago & Iowa Railroad

This proceeding was instituted in 1870, by the Chicago and Iowa Eailroad Company, to condemn the. right of way over certain lands, alleged to be owned by appellant, but no trial was had in the circuit court until the April term, 1873. The strip of land sought to be condemned is accurately described in the petition, and is a part of a certain eighty-acre tract. The evidence shows appellant owned other lands abutting the tract on which the railroad is constructed, but the court very properly instructed the jury they could only allow for damages occasioned to that described in the petition. Had…