Legal Opinion

Wabash, St. Louis & Pacific Railway Co. v. McDougall

Illinois Supreme Court

Decided September 27, 1888PublishedCited by 18 opinions

Writ of Error to the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding. This is ,a condemnation proceeding, hy which plaintiff in error seeks to obtain right of way over defendants’ land. Before the filing of the petition, another company had constructed and put in operation a railroad over the land sought to be condemned, which railroad plaintiff had purchased, and ivas then operating.

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Writ of Error to the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding. This is ,a condemnation proceeding, hy which plaintiff in error seeks to obtain right of way over defendants’ land. Before the filing of the petition, another company had constructed and put in operation a railroad over the land sought to be condemned, which railroad plaintiff had purchased, and ivas then operating. Defendants, by cross-petition, claimed damages for injury to adjacent lands, averring that the railroad divided a farm of about five hundred acres, diagonally, leaving one hundred and…

1Opinion of the CourtJustice Wilkin

The paper denominated a stipulation was properly stricken from the files. It was not, in any sense, an amendment to the original petition, as contended in argument, nor was it filed as such. It was not a plan or proposed plan of construction proper to be incorporated in the record, and therefore Railroad Co. v. Kidder, 21 Ill. 131, and other like cases cited, have no application. No argument or citation of authorities is needed to show that attorneys employed to represent the company on the trial, could not bind it by their agreement as to the plan of constructing its road. It is not claimed…

2Cases cited4 opinions

  1. Chicago & Alton Railroad v. GoodwinIllinois Supreme Court · 1884
  2. Jacksonville & Savanna Railroad v. KidderIllinois Supreme Court · 1859
  3. Peoria, Pekin & Jacksonville R. R. v. Peoria & Springfield R. R.Illinois Supreme Court · 1872
  4. Chicago & Pacific Railroad v. FrancisIllinois Supreme Court · 1873

3Cited by18 opinions

  1. United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
  2. Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
  3. Osgood v. City of ChicagoIllinois Supreme Court · 1894
  4. Otis Elevator Co. v. City of ChicagoIllinois Supreme Court · 1914
  5. Wilkinson v. ServiceIllinois Supreme Court · 1911

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