Chicago, Milwaukee & St. Paul Railway Co. v. Melville

Citations

• 66 Ill. 329

Syllabus

<p>1. Right of way&emdash;compensation, confined to money. In a proceeding to condemn land for a right of way, the compensation to be ascertained by the jury for the taking of the land must be, in terms, money, and the jury have no power to prescribe the.performance of other acts by the petitioners, such as fencing the road, making crossings, etc.</p> <p>2. • Bill of exceptions&emdash;matters preserved in record without. The report of the jury of the damages assessed by them in favor of the owner of land in a proceeding to acquire a right of way, and the judgment of the court thereon, being a joiatter of record, will be taken notice of by this court without a bill of exceptions.</p> <p>3. But an application to change the venue of a cause is not a part of the record, unless made so by a bill of exceptions.</p>