Reuter v. Baltimore & Ohio Southwestern Railroad

Mu. Justice Higbee

delivered the opinion of the court.

This was an action brought by Charles Beuter, appellee, against the Baltimore & Ohio Southwestern Railroad Company, to recover damages to certain lands of appellee, situated in St. Clair county, Illinois, alleged to have been occasioned by the railroad embankment of appellant, built along its right of way. There were pleas of the general issue and statute of limitations. A jury was waived and the case tried by the court. The issues were found in favor of appellee and his damages assessed at $1,100.

Appellant contends that the proofs fail to…