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

Citations

• 79 Ill. 501

Syllabus

<p>Condemnation by railroad company—construction of award of commissioners to assess damages. In a proceeding by a railroad company to condemn real estate, commissioners, after assessing the value of the real estate, and of the improvements thereon, further awarded that, if the improvements should be retained by the owner for three months, then no damage will have accrued to them by reason of the interruption of their business, and if they should retain the possession two months, then the damage for interruption was fixed at §1600; and if they should retain the possession one month, then the damages were fixed at $3200: Held, that it rested with the railroad company when to take possession, and that if it took possession inside of three months, it would have to pay the damages named, hut that the owners could not force them to take possession at any time they might select, and then recover the damages provided hy tlje award to be paid upon their having to give up possession at that time; and if the railroad company did not take possession inside of the three months, they were not liable for damages.</p>