Eberhart v. Chicago, Milwaukee & St. Paul Railway Co.
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henby Booth, Judge, presiding. This was a proceeding to condemn lots 11, 12 and 17, in block 4, and lots 3, 4 and 5, in block 3, in Eberhart & Wedge’s addition to Chicago. The appellant was the owner of 73 lots in this addition.
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Appeal from the Circuit Court of Cook county; the Hon. Henby Booth, Judge, presiding. This was a proceeding to condemn lots 11, 12 and 17, in block 4, and lots 3, 4 and 5, in block 3, in Eberhart & Wedge’s addition to Chicago. The appellant was the owner of 73 lots in this addition. The appellee, being about to construct a railroad diagonally through them, filed its petition to condemn the lots above named, they being the only lots which the road touched or structurally injured in passing through the addition. The appellant (defendant below,) filed his answer and cross-bill, in which he…
1Opinion of the CourtChief Justice Breese
This was a proceeding instituted in the circuit court of Cook county, by The Chicago, Milwaukee and St. Paul Bail-way Company, against John F. Eberhart, to condemn certain land belonging to defendant, for their road way.
It appears the land was platted into lots, some of which were actually taken by the railway company, and damages allowed therefor, about which there is no controversy. The dispute is, as to the damage resulting to other lots in the plat, not taken, and what is the true rule in such case.
On the trial of the cause, various instructions were asked by both parties, which the court…
2Cited by3 opinions
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- Fesser v. AchenbachAppellate Court of Illinois · 1888
- Gibbons v. Southern Illinois Railway & Power Co.Appellate Court of Illinois · 1916