Jacksonville & Savanna Railroad v. Kidder
Illinois Supreme Court
The Jacksonville and Savanna Railroad Company was incorporated by a special charter, by an act approved February 14, 1855, and authorized to construct a railroad from Jacksonville, by the way of Liverpool and Canton, to Savanna, and by an amendment, to Galena.
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The Jacksonville and Savanna Railroad Company was incorporated by a special charter, by an act approved February 14, 1855, and authorized to construct a railroad from Jacksonville, by the way of Liverpool and Canton, to Savanna, and by an amendment, to Galena. The company was authorized by the ■charter, to condemn the lands required for the construction of .the road, either according to the provisions of the law concerning .right of way, approved March 3, 1845, or the amendment thereto, approved June 22, 1852. This proceeding was commenced by the company, under .the ■law of 1845, to condemn a…
1Opinion of the CourtCaton, C. J.
The jury in this case were called upon to “ assess the damages which they should believe such owner or owners would sustain, over and above the additional value such land would derive from the construction of the road.” And the question is, whether the plans and estimates adopted by the company for that portion of the road which passed over the land in question, should have been permitted to go to the jury. If admitted, they would have shown a road-way under the railroad, at a ravine near the north line of the land, and also a road-way over the railroad, with cattle-guards and gates, at the…
2Cited by22 opinions
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- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Forest Preserve District v. EckhoffIllinois Supreme Court · 1939
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
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