Fleming v. Elgin, Joliet & Eastern Railway Co.

This was an action brought against appellant in the circuit court of Will county by appellee for alleged damages to their property by reason of said company elevating its right of way and also necessarily raising a public highway adjoining said property. The first trial resulted in a disagreement of the jury. On the second trial a verdict was returned against the appellant for $600. In the Appellate Court, to which this case was appealed, one of the judges was the trial judge in the case and therefore took no part in its consideration on the appeal. The other two appellate judges being unable…