Chicago & Northwestern Railway Co. v. Miller
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. The Chicago and Northwestern Railway Company filed a petition in the superior court of Cook county to condemn certain real estate situated in the city of Chicago, for railway purposes.
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Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. The Chicago and Northwestern Railway Company filed a petition in the superior court of Cook county to condemn certain real estate situated in the city of Chicago, for railway purposes. Included in the property sought to be condemned was sub-lot 1 in the canal trustees’ subdivision of lot 9, in block 45, in the original town of ChicagOj known as Nos. 31 and 33 South Canal street, upon which was located a four-story building. The fee title to said Canal street property was averred to be in Phebe F. Clark,…
1Opinion of the CourtChief Justice Hand
In a condemnation proceeding under the Eminent Domain act the jury is empaneled to fix the amount of compensation and damages which are to be paid to the owner or owners and parties interested in'the property sought to be condemned, and it has nothing to do with the title to the property sought.to be taken. The question of title, if any such question is raised, should be determined and settled by the court prior to the time the questions of compensation and damages are submitted to the jury. (Chicago and Milwaukee Electric Railroad Co. v. Diver, 213 Ill. 26; Lieberman v. Chicago and South…
2Cases cited3 opinions
- Union Mutual Life Insurance v. SleeIllinois Supreme Court · 1887
- Metropolitan West Side Elevated Railway Co. v. EschnerIllinois Supreme Court · 1908
- Chicago & Milwaukee Electric Railroad v. DiverIllinois Supreme Court · 1904
3Cited by6 opinions
- Forest Preserve District v. ChristopherAppellate Court of Illinois · 1943
- Chicago & Northwestern Railway Co. v. MillerIllinois Supreme Court · 1911
- United States v. NudelmanCourt of Appeals for the Seventh Circuit · 1939
- Chicago & Northwestern Railway Co. v. GarrettIllinois Supreme Court · 1909
- Doubet v. DoubetAppellate Court of Illinois · 1914
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