Rock Island & Alton Railroad v. Lynch
Illinois Supreme Court
This was a proceeding on the part of the Rock Island and Alton Railroad Company, to condemn certain lands for its use. One of the commissioners to assess the damages to the land, was proved to be a stockholder in the road, and the award was, on that account, set aside. Afterwards, other commissioners made an assessment of the damages, which was confirmed by the court, Woodson, Judge, presiding.
Read the full summary
This was a proceeding on the part of the Rock Island and Alton Railroad Company, to condemn certain lands for its use. One of the commissioners to assess the damages to the land, was proved to be a stockholder in the road, and the award was, on that account, set aside. Afterwards, other commissioners made an assessment of the damages, which was confirmed by the court, Woodson, Judge, presiding. It is now sought to reverse that decision, on the ground that the damages given to the owner, on account of the expenses of fencing his land, are not specified in the award, and are not made matter of…
1Opinion of the CourtBreese, J.
Two questions are presented by the record in this case. The first is, did the court err in rejecting the report of the first board of commissioners appointed to assess the damages ? and, second, is the final order of the court, on the report of the second board, sufficient ?
Commissioners appointed to assess damages, on the application of a railroad or other company, are quasi jurors, and should be, like them, “ omni exceptione majares.” The objection urged to Jones, and not known when he was agreed upon by both parties, as one of the commissioners, would be ground of principal challenge to a…
2Cited by3 opinions
- City of Naperville v. WehrleIllinois Supreme Court · 1930
- Rockford, Rock Island & St. Louis R. R. v. LynchIllinois Supreme Court · 1873
- Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924