Kankakee & Illinois River Railroad v. Chester

This was a proceeding instituted by appellant to condemn for its use as a right of way a strip of land one hundred feet wide running through appellee’s farm. It appears that the farm comprised several tracts, containing in all four hundred and- forty acres, lying together in one body and under cultivation.

Upon the trial in the court below, before a jury, both parties, as appears by the record, treated the farm as one tract, without objection, by the introduction of evidence and instructions to the jury; and the jury fixed the compensation and assessed appellee’s damages as upon one tract.

How,…