Legal Opinion

Peoria, Pekin & Jacksonville Railroad v. Laurie

Illinois Supreme Court

Decided January 15, 1872PublishedCited by 9 opinions

Appeal from the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. The Peoria, Pekin and Jacksonville Railroad Company filed its application and petition, in conformity to the law of June 22, 1852, for the condemnation of right of way over certain lands designated in the petition as the property of George W. Laurie, in the county of Morgan.

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Appeal from the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. The Peoria, Pekin and Jacksonville Railroad Company filed its application and petition, in conformity to the law of June 22, 1852, for the condemnation of right of way over certain lands designated in the petition as the property of George W. Laurie, in the county of Morgan. Due service upon Laurie being shown, commissioners were appointed who, upon examination, etc., made award that the benefits were equal to the damages sustained, therefore awarding no damages. From this award Laurie appealed to the…

1Opinion of the CourtJustice Thornton

The first objection urged to the finding in this case, and the judgment thereupon, is, that the appellee failed to make out a proper title to the lands proposed to be taken by the company for the right of way of its road.

The petition, as is shown by special reference made in it, was filed under the act of June 22d, 1852, and was addressed to the judge of the circuit court.

It is, however, claimed that the petitioner had the right to the benefit of the act of 1845, or of any general law upon the subject of eminent domain, by virtue of its several charters. While this may be true, the company…

2Cases cited2 opinions

  1. Hayes v. Ottawa, Oswego & Fox River Valley R. R.Illinois Supreme Court · 1870
  2. Alton & Sangamon Railroad v. CarpenterIllinois Supreme Court · 1852

3Cited by9 opinions

  1. Sanitary District v. Pittsburgh, Ft. Wayne & Chicago Ry. Co.Illinois Supreme Court · 1905
  2. City of Chicago v. GageIllinois Supreme Court · 1915
  3. Chicago & Milwaukee Electric Railroad v. DiverIllinois Supreme Court · 1904
  4. City of Chicago v. PickIllinois Supreme Court · 1911
  5. Murray Hill Land Co. v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1905

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