Legal Opinion

Shute v. Chicago & Milwaukee Railroad

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 10 opinions

This case is brought to this court from Lake Circuit Court, by-writ of error, for the purpose of reviewing and reversing the decision of the Circuit Court in sustaining the proceedings of the defendants in error, in condemning the plaintiff’s land, across which the road of defendant is located, in Lake county.

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This case is brought to this court from Lake Circuit Court, by-writ of error, for the purpose of reviewing and reversing the decision of the Circuit Court in sustaining the proceedings of the defendants in error, in condemning the plaintiff’s land, across which the road of defendant is located, in Lake county. The defendant in error applied to the county judge of Lake county, on the 13th day of May, 1854, by petition, for the appointment of commissioners to assess damages, etc. To which appointment, and to any action relating thereto, the plaintiff in error 'appeared before the judge and…

1Opinion of the CourtBreese, J.

By section seven of the act to incorporate the Milwaukee and Chicago Railroad Company, it is provided that “the said corporation or the owner or owners of said lands may, on giving notice of their intended application and the time and place of making the same, apply by petition to the judge of the Circuit Court in the county in which said lands may lie, or in the absence of said judge from the said county, then to the senior county commissioner of said county, or the county judge of said county, particularly describing in said petition the lands to be appraised; and upon proof that reasonable…

2Cases cited1 opinion

  1. Young v. LorainIllinois Supreme Court · 1850

3Cited by10 opinions

  1. Cribbs v. BenedictSupreme Court of Arkansas · 1897
  2. Cook v. South Park CommissionersIllinois Supreme Court · 1871
  3. Department of Public Works & Buildings v. Butler Co.Illinois Supreme Court · 1958
  4. Gulf Lines Connecting Railroad v. Golconda Northern RailwayIllinois Supreme Court · 1919
  5. Oregonian Railway Co. v. HillOregon Supreme Court · 1881

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