Chicago, Peoria & St. Louis Railway Co. v. Aldrich

Citations

• 134 Ill. 9
• 24 N.E. 763
• 1890 Ill. LEXIS 934

Syllabus

<p>1. Eminent domain—jurors in condemnation proceedings—right of challenge in vacation—and of the grounds of challenge—presumption. The statute gives the parties to a proceeding to condemn land in vacation, the same right of challenge of jurors as in other civil cases in the circuit court. Under this statute, a ground of challenge in a civil case in a court of record is good in a condemnation proceeding.</p> <p>2. It is a sufficient cause of challenge that a juror called, if not a member of the regular panel, has served as a juror in the trial of any cause in any court of record in the county within one year previous to being called.</p> <p>3. Where the court sustains a challenge to a juror on the ground of his service on a jury in a court of record within a year previous to his being called, it will, in favor of the ruling, be presumed that he was not a member of the regular panel, but a juror to whom the cause of challenge would apply.</p> <p>4. In a case where the bill of exceptions does not purport to contain all the evidence heard as to the qualification of jurors, and a general challenge is allowed, not specifically limited to the particular ground disclosed by the bill of exceptions, it will be presumed, if the particular ground is not shown, the challenge was sustained on other grounds.</p> <p>5. Same—jury fees—whether taxable against the county. In a proceeding to condemn land, and after judgment, the petitioner entered a motion to strike the jury fees from the fee book, for the reason that the county should pay such fees, which motion was overruled. There was nothing .in the record to show that such fees were charged t’o the petitioner, or that any judgment for costs was rendered against it: Held, that no assignment of errors could be entertained on the record.</p> <p>6. Same—measure of damages—as to land not taken—what elements to be considered — of benefits. In estimating the damage to that part of a farm not taken for a railway track and right of way, t