Legal Opinion

Conness v. Indiana, Illinois & Iowa Railroad

Illinois Supreme Court

Decided December 18, 1901PublishedCited by 15 opinions

Appeal from the County Court of LaSalle county; the Hon. Henry W. Johnson, Judge, presiding. This is an appeal from the county court of LaSalle county in a condemnation proceeding forTthe right of way of the appellee.

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Appeal from the County Court of LaSalle county; the Hon. Henry W. Johnson, Judge, presiding. This is an appeal from the county court of LaSalle county in a condemnation proceeding forTthe right of way of the appellee. The appellant is the owner of the south-west quarter of section 24, township 31, north, range 2, east of the third principal meridian, and is also the owner of the remainder, after the expiration of the life estate of his mother, Mary Conness, of the undivided half of the north-west quarter of the same section. A number of years prior to this proceeding appellant’s father owned…

1Opinion of the CourtJustice Ricks

This case has been before this court on appeal from a former hearing, in which the present appellee was appellant, and is reported in 184 Ill. 178. In the opinion of the court, and with a view to a further hearing of the case, we said (p. 180): “The estate in remainder in the north-west quarter was a vested interest, the value of which could be determined, and if that estate was damaged we see no good reason why the damages might not be assessed in this proceeding. * * * The lands were already separated as to interest and estate, and the only evidence admissible as to the north-west quarter…

2Cases cited9 opinions

  1. Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
  2. St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
  3. Jones v. Chicago & Iowa RailroadIllinois Supreme Court · 1873
  4. Kiernan v. Chicago, Santa Fe & California Railway Co.Illinois Supreme Court · 1887
  5. Chicago, Burlington & Northern Railroad v. BowmanIllinois Supreme Court · 1887

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3Cited by15 opinions

  1. Illinois Power & Light Corp. v. TalbottIllinois Supreme Court · 1926
  2. Trunkline Gas Co. v. O'BRYANIllinois Supreme Court · 1960
  3. Tillman v. Lewisburg & Northern RailroadTennessee Supreme Court · 1915
  4. City of Seattle v. LittellWashington Supreme Court · 1909
  5. City of Seattle v. WilliamsWashington Supreme Court · 1906

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