Kotz v. Illinois Central Railroad

This is an action brought by appellant, against appellee, to recover damages, alleged to have been occasioned by the elevation of appellee’s road-bed and tracks, to a lot owned by appellant fronting north on Sixtieth street, in Chicago, and adjoining on the west the right of way of appellee. A trial was had, and at the close of all the evidence the court instructed the jury peremptorily to return a verdict for the appellee. Judgment was rendered on the verdict, and appellant has prosecuted an appeal from such judgment to this court.

The appellee is a corporation organized under a special…