Legal Opinion

Elgin, Joliet & Eastern Railroad v. Fletcher

Illinois Supreme Court

Decided May 16, 1889PublishedCited by 19 opinions

Writ op Error to the County Court of Du Page county; the Hon. Charles A. Bishop, Judge, presiding.

1Opinion of the CourtJustice Scholfield

This is a proceeding under the Eminent Domain act, to condemn right of way for appellant’s road, and to assess damages occasioned to land not taken. Appellees own a farm of about 314 acres, through which the line of appellant’s road runs, taking for right of way about 9-¡^ acres, and dividing the farm so that there are about 184 acres on the east side of the road, and 120 acres on its west side.

There is a serious conflict in the evidence on the question of damages to the land not taken. The jury, in their verdict, assessed the value of the land taken, and the damages to land not taken, at the…

2Cases cited2 opinions

  1. Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
  2. St. Louis, Jacksonville & Chicago Railroad v. MitchellIllinois Supreme Court · 1868

3Cited by19 opinions

  1. City of Salem v. WebsterIllinois Supreme Court · 1901
  2. Illinois Central Railroad v. ColeIllinois Supreme Court · 1896
  3. City of Kansas v. McDonaldSupreme Court of Kansas · 1899
  4. George A. Fuller Co. v. DarraghAppellate Court of Illinois · 1902
  5. Smith v. Claussen Park Drainage & Levee DistrictIllinois Supreme Court · 1907

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