Chicago & Western Indiana Railroad v. Maroney

Citations

• 95 Ill. 179
• 1880 Ill. LEXIS 165

Syllabus

<p>1. Evidence in chiefs and in rebuttal—as to compensation for right of way. In a proceeding by a railroad company to condemn an entire lot in a city for the use of its road, evidence of the price per foot an adjoining tract had been sold for, and the price per foot at which other lots had been offered for sale, is doubtless competent if offered by the company as evidence in chief, but is not after the defendant has closed.</p> <p>2. In a proceeding to condemn land, where the petitioner closes his case and the land owner gives evidence of the value of the property sought to be taken, there is no error in refusing to allow the petitioner to prove the price at which an adjoining tract was sold, or at which other lots in the vicinity are offered for sale. Such evidence is in chief and not in rebuttal, and it is a matter of discretion to open the case and let in proof which ought to have been given'in chief.</p>