Chicago, Burlington & Northern Railroad v. Bowman

Citations

• 122 Ill. 595
• 13 N.E. 814

Syllabus

<p>1. Costs—witness fees to be taxed—limiting member of witnesses—in proceedings under Eminent Domain act. The general Cost act applies to proceedings to condemn land under the Eminent Domain act, and under it the court may, after the conclusion of the evidence, limit the number of witnesses whose fees are to be taxed against any party, not less than two, as may appear to have been necessary.</p> <p>2. Same—time of application to limit number of witnesses whose fees may be taxed—and, hou> far discretionary. A motion to limit the number of witnesses called by a defendant, whose fees are to be taxed against the plaintiff, made before the defendant has examined his witnesses, is premature, and therefore properly overruled.</p> <p>3. There is no inhibition upon parties calling as many witnesses as they may desire; but every party must assume the risk of having taxed against him the fees of all such witnesses as the court may find were unnecessary, being not less than two. A motion to restrict a party to a certain number of witnesses whose fees may be taxed as costs, is addressed to the discretion of the trial court, and its decision is not subject to review, except where the discretion is abused.</p> <p>4. Eminent domain—measure of damiages—as to land taken. The fair market value of land proposed to be taken for public use under the Eminent Domain act, having proper regard to the location and advantages as to situation and the purposes for which it was designed and used, is the proper measure of compensation to be awarded.</p> <p>5. Where a part is taken, and that part has a greater value, in connection with the whole, than as a separate parcel, the measure of damages will be the fair cash value of the part taken, as a part of the whole.</p> <p>6. Same—measure of damages—as to part not taken. Where a cross-petition is filed for damages to land not sought to be taken, but a part of that sought to be condemned, the jury should award to the owner such damages, in cash, as