Galena & Southern Wisconsin Railroad v. Birkbeck

Citations

• 70 Ill. 208

Syllabus

<p>1. Practice—objections to evidence must be made on the trial. A party is not allowed to sit quietly by, and suffer objectionable evidence to be given to fhe jury, and then urge his objection, for the first time, in this court. He must object when the evidence is given, so that the other party may correct the error, if such it be, in the lower court.</p> <p>3. Right oe way—damages to land not described in petition. Where the petition for the condemnation of land for right of way describes only one tract of the defendant’s land, a portion of which it cuts off from his entire farm, also consisting of another tract, the correct practice, in order to recover damages as to the whole, is, to file a cross-petition; but where this is not done, and evidence is given as to the entire damages, without objection, and the court protects the petitioner from further proceedings for the assessment of damages as to the balance of the farm, by requiring the owner to execute a release as to it, the judgment or order of the court will not be reversed at the instance of the petitioner, as the error, if any, works no injury.</p> <p>3. Where a petition to condemn land for a right of way describes only one tract of the defendant’s farm, which is cut off from the rest of the farm, and damages are assessed only in respect to that tract, the owner may afterwards cause the damages to be assessed as to the balance of his land.</p> <p>4. Same—damages by separating parts of a farm. The fact that a portion of a farm is cut off by a railroad, is, in very many, if not in all, cases, a permanent injury to the entire farm, and materially diminishes its value, and is a legitimate source of damage.</p>