Peoria & Rock Island Railway Co. v. Warner

This was an action of trespass against the railroad company. The defendant justified under its charter and the act of 1845, entitled “ Right of Way.” The only averment in the plea as to notice to the party whose land was condemned, was this: “The defendant avers that said plaintiff was present with said commissioners before their report was signed, and had an opportunity to be heard upon his claim for damages.”

The questions are, as to the sufficiency of the plea, the repeal of the act of 1845 by the act of June 22d, 1852, and the construction and effect of the latter act.

There is no…