Centralia & Chester Railroad v. Rixman

Citations

• 121 Ill. 214
• 12 N.E. 685

Syllabus

<p>1. Eminent domain—elements of damage—keeping open right of way until fencing. In a proceeding by a railway company to condemn a right of way through farm land, it is proper for the court to instruct the jury that the company is hot required to fence its road for six months after the same is open for use, and that the damages attending the keeping open of the right of way for that length of time may properly be considered as an element of damages to be awarded to the owner.</p> <p>2. Same—powers to he exercised in vacation. A proceeding to condemn land for public use, whether instituted in term time or in vacation, is a-judicial one, and the judge before whom it is had has the same powers in either case, and may grant new trials. The circuit and county courts are always open for such proceedings, and their judicial powers in respect to them are the same in vacation as in term time.</p> <p>3. Instruction—copying from opinion of this court. Notwithstanding the correctness of an opinion of this court in a given case, it does not follow that an instruction copied from the language of the court should be given in the particular case on trial.</p>