Chicago, St. Louis & Western Railroad v. Gates

Citations

• 120 Ill. 86
• 11 N.E. 527

Syllabus

<p>1. Amendment—malting new parties—at what stage of the proceedings. It is the duty of courts to allow amendments in a proceeding to condemn land for a right of way, where that is necessary to bring all parties before the court who may have an interest in the premises sought to be taken.</p> <p>2. But when the case is called for trial,-the court will not delay the hearing for the purpose of bringing in other parties not shown to have any interest in the premises. Amendments are not allowed, as a matter of course, on the eve of a trial, on the motion of a party, except for good cause shown.</p> <p>3. Eminent domain—right of petitioner to dismiss proceeding. The petitioner in a proceeding to condemn a strip of 'land for a railway track, even after possession wrongfully taken of the land, and after the filing of a cross-petition for damage to the part of the land not sought to be condemned, has the right to dismiss the proceeding, and it is error to deny this right.</p> <p>4. Same—right to take possession pending proceeding to condemn. A railway company has no right to the possession of land for its right of way until the damages for the taking have been assessed and paid, and if it takes possession before such assessment and payment, without the owner’s consent, it is a trespasser, and the .owner may bring ejectment or trespass, or both, and recover his property, and such damages as he may have sustained by the unlawful act.</p>