Chicago & Milwaukee Electric Railroad v. Diver

This was a petition filed by the appellant company for the condemnation of a right of way for the line of its road on and over certain tracts of lands and town lots belonging to the appellees, respectively.

The jury awarded the appellee Helen E. Diver $2000 for land taken for the right of way and $2600 for damages occasioned to land not taken, and the verdict was approved by the court. Counsel for the appellant concede that the amount awarded her for the land taken for the right of way is fair and reasonable, but insist that the damages awarded for lands not taken is excessive and not…