Belleville & Illinoistown Railroad v. Gregory
Illinois Supreme Court
This was an action of trespass brought by Gregory and wife against the railroad company, for entering upon the lands of Gregory, making embankments thereon, &c.
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This was an action of trespass brought by Gregory and wife against the railroad company, for entering upon the lands of Gregory, making embankments thereon, &c. The company by plea in defence, set up the grant by the legislature, the appointment of commissioners under the law to procure a condemnation of the right of way over the lands in question, the tender of the damages assessed, the refusal to accept, &c., and that the company entered upon the lands, as they lawfully might, &c. To this plea a demurrer was filed. The cause 'was heard before Underwood, Judge, at August term, 1853, of the…
1Opinion of the CourtCaton, J.
The first section of the charter creates the “ Belle-ville and Illinoistown Railroad Company ” a body politic and corporate. The second section authorizes the company to construct a railroad from Belleville to Illinoistown. The third section contains a grant of powers necessary for the execution of the work. The fourth section provides that the company may obtain the right of way, in case of disagreement with the owners, in the mode prescribed by the act relating to the rights of way approved March 3d, 1845. This section, however, subsequently provides that the governor shall appoint three…
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