Grand Tower & Cape Girardeau Railroad v. Walton
Illinois Supreme Court
Appeal from the Circuit Court of Union county; the Hon. Joseph P. Roberts, Judge, presiding. Serena A. Walton, appellee, commenced an action at law in the circuit court of Union county, against the Grand Tower and Cape Girardeau Railroad Company, to recover damages resulting to her in consequence of the construction of the railroad over and across certain lands owned by her in Union cpunty.
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Appeal from the Circuit Court of Union county; the Hon. Joseph P. Roberts, Judge, presiding. Serena A. Walton, appellee, commenced an action at law in the circuit court of Union county, against the Grand Tower and Cape Girardeau Railroad Company, to recover damages resulting to her in consequence of the construction of the railroad over and across certain lands owned by her in Union cpunty. After summons was served, the railroad company filed a bill in equity against the plaintiff in the action, for an injunction to enjoin the prosecution of the action, and also set up the execution of the…
1Opinion of the CourtJustice Craig
It is first claimed by the railroad company that the court had no jurisdiction to grant the relief sought by the cross-bill, — that the remedy is cognizable only at law. Where a railroad company is authorized to take private property for a public use, under its charter, the mode of procedure is laid down in our statute entitled “Eminent Domain.” Under that statute private property can not be taken or damaged without just compensation. Such compensation is required to be ascertained by a jury. Where the parties can not agree upon the amount to be paid, the party authorized to take private…
2Cases cited2 opinions
- Stickney v. GoudyIllinois Supreme Court · 1890
- Van Buskirk v. DayIllinois Supreme Court · 1863
3Cited by9 opinions
- Obartuch v. Security Mut. Life Ins. Co.Court of Appeals for the Seventh Circuit · 1940
- Central Lime & Cement Co. v. Leyden-Ortseifen Co.Appellate Court of Illinois · 1927
- Wilkinson v. HeberlingAppellate Court of Illinois · 1923
- Des Moines Life Insurance v. SeifertAppellate Court of Illinois · 1904
- Laughlin v. BrauerAppellate Court of Illinois · 1908
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