St. Louis, Vandalia & Terre Haute Railroad v. Mollet
Illinois Supreme Court
Appeal from the Circuit Court of Monroe county; the Hon. Silas L. Betas, Judge, presiding. This was a proceeding by the railroad company to condemn the right of Avay for its road over the land of Mollet. Damages Avere assessed, and a judgment rendered therefor, from which the company appealed.
1Per curiam
As the judgment must be reversed, Ave shall not discuss the sufficiency of the evidence as to the title of the claimant to the land proposed to be condemned, nor the excessive character of the damages, as claimed. The deficiency, if it exist, can be supplied by proof; and as to the other, we shall not forestall the action of the jury, upon another trial.
It is, however, contended that the apple trees, the ditching and the cattle guards Avere not proper subjects for the assessment of damages.
If the apple trees destroyed, and the expense for ditching, or either of them, Avere included in the…
2Cases cited1 opinion
- Alton & Sangamon Railroad v. BaughIllinois Supreme Court · 1852
3Cited by1 opinion
- St. Louis, Vandalia & Terre Haute Railroad v. HurstAppellate Court of Illinois · 1884