Lockie v. Mutual Union Telegraph Co.
Illinois Supreme Court
Appeal from the County Court of Livingston county; the Hon. Robert R. Wallace, Judge, presiding. This was a proceeding instituted by the telegraph company under chapters 47, entitled “Eminent Domain, ” and 134, entitled “Telegraph Companies, ” of the Revised Statutes of 1874, by petition to the county court of Kankakee county, and change of - venue to Livingston, where a trial was had, with a jury, a verdict rendered, and judgment for $50, and an appeal taken to this court…
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Appeal from the County Court of Livingston county; the Hon. Robert R. Wallace, Judge, presiding. This was a proceeding instituted by the telegraph company under chapters 47, entitled “Eminent Domain, ” and 134, entitled “Telegraph Companies, ” of the Revised Statutes of 1874, by petition to the county court of Kankakee county, and change of - venue to Livingston, where a trial was had, with a jury, a verdict rendered, and judgment for $50, and an appeal taken to this court by Lockie, the defendant land owner. It seems the strip of land, eight and one-quarter feet wide, sought to be condemned,…
1Opinion of the CourtJustice Walker
This question turns on the true construction of the Eminent Domain statute. What right does the telegrapk company acquire by the judgment of condemnation? It surely was not intended that it should be the fee to the land condemned. The language of the act does not require or sanction such a construction, and to so hold would violate the manifest intention of the legislature. Nor can it be fairly held that it confers the right to use it for any other purpose than that for which it is condemned. The company can not cultivate or take exclusive possession of it, or enjoy it for any other purpose…
2Cited by7 opinions
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Bowden v. York Shore Water Co.Supreme Judicial Court of Maine · 1915
- Illinois Telegraph News Co. v. MeineIllinois Supreme Court · 1909
- Fountain Creek Drainage District No. 1 v. SmithIllinois Supreme Court · 1914
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