Peoria & Rock Island Railway Co. v. Bryant
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county ; the Hon. S. D. Putebbaitgh, Judge, presiding. This was a proceeding for condemnation of land for a right of way for the Peoria & Bock Island Bailway Company, which was incorporated by the act of March 6, 1867. Section 16 of that act authorizes the corporation so created to condemn lands under the provisions of an act to incorporate the Mississippi Bailroad Company.
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Appeal from the Circuit Court of Peoria county ; the Hon. S. D. Putebbaitgh, Judge, presiding. This was a proceeding for condemnation of land for a right of way for the Peoria & Bock Island Bailway Company, which was incorporated by the act of March 6, 1867. Section 16 of that act authorizes the corporation so created to condemn lands under the provisions of an act to incorporate the Mississippi Bailroad Company. These provisions are contained in sec. 5 of that act, and so far as they relate to, or may affect, this appeal, are as follows : “ It shall be lawful for any judge of the circuit or…
1Opinion of the Court
Per Curiam :
This was a proceeding for the condemnation of the right of way for the railway.
The first and second instructions given for appellee, required the jury to estimate and assess the value of the land, as described in the petition. The width of the land taken, as assessed by the commissioners, was less than the width mentioned in the petition.
The railway company is not bound to take and pay for the land described in the petition, if less is needed for its purposes. Upon no principle is it estopped by the allegations in the petition, as to the quantity of the land to be taken, when its…
2Cases cited1 opinion
- Directors of the Poor v. Rail-Road Co.Supreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Sanitary District v. Pittsburgh, Ft. Wayne & Chicago Ry. Co.Illinois Supreme Court · 1905
- Republican Valley Railroad v. HayesNebraska Supreme Court · 1882
- Murray Hill Land Co. v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1905
- Brand v. Union Elevated RailroadIllinois Supreme Court · 1913