Bell v. Mattoon Waterworks & Reservoir Co.
Illinois Supreme Court
Writ or Error to the Circuit Court of Coles comity; the Hon. William B. ScholRiRld, Judge, presiding. This was an action of ejectment brought by plaintiff in error in the circuit court of Coles county to recover something over twenty acres of land described in the declaration.
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Writ or Error to the Circuit Court of Coles comity; the Hon. William B. ScholRiRld, Judge, presiding. This was an action of ejectment brought by plaintiff in error in the circuit court of Coles county to recover something over twenty acres of land described in the declaration. The land described constitutes substantially one-third of sixty-six acres condemned in December, 1907, by the defendant in error for use for reservoir purposes, for impounding water to be supplied to the city of Mattoon, the inhabitants thereof and commercial and railroad interests. Defendant in error is a corporation…
1Opinion of the CourtJustice Farmer
It has been decided in many cases by this court that a corporation having the power to exercise the right of eminent domain must be permitted, in a modified degree, to determine for itself the amount of land necessary for the use for which it is sought to be taken. But this right is subject to all the statutory and constitutional restrictions on the subject, and the further limitation that the courts are clothed with power to prevent any abuse of the right. Tedens v. Sanitary District, 149 Ill. 87; Smith v. Chicago and Western Indiana Railroad Co. 105 id. 511; Pittsburg, Ft. Wayne and Chicago…
2Cases cited6 opinions
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Chicago & Eastern Illinois Railroad v. ClappIllinois Supreme Court · 1903
- Smith v. Claussen Park Drainage & Levee DistrictIllinois Supreme Court · 1907
- Tedens v. Sanitary DistrictIllinois Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- La Salle National Bank v. County Board of School TrusteesIllinois Supreme Court · 1975
- City of Chicago v. VaccarroIllinois Supreme Court · 1951
- Schnabel v. County of Du PageAppellate Court of Illinois · 1981
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
- City of Tulsa v. WilliamsSupreme Court of Oklahoma · 1924
4 more not listed; retrieve them via the Exa API.