Austin ex rel. Austin v. Belleville & Illinoistown Railroad
Illinois Supreme Court
APPEAL PROM ST. CLAIR. This was an appeal, by the owners, from the assessment of damages for the condemnation of lot 85, in the town of Brooklyn, in St. Glair county, for the use of the Belleville and Illinoistown Railroad Company, said assessments having been made by commissioners appointed by the Governor of the State of Illinois. The court dismissed the appeal, on the motion of the defendants, on the ground that no appeal lay in this cause.
1Opinion of the CourtBreese, J.
The appeal, originally, was taken from the award of certain commissioners, appointed to ascertain and assess the damages arising to the appellants by reason of the appropriation of part of a lot claimed by them in Brooklyn, for the road-way of the defendants. The Circuit Court dismissed the appeal, and that is here assigned as error.
The law under which the commissioners were appointed was approved August 22,1852, and is entitled “ An Act to incorporate the Belleville and Illinoistown Railroad Company.” Laws 1852, p. 114.
The fourth section of this act provides: “ Where the owners of land and…
2Cited by1 opinion
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