Grayville & Mattoon Railroad v. Christy

Citations

• 92 Ill. 337

Syllabus

<p>1. Eight or way—assessment of damages as against several tracts of land, and several owners. Where the petition in a proceeding for the condemnation of land for a right of way for a railroad embraces several tracts of land, and avers that those several tracts are owned by several persons named, in the absence of anything to the contrary in the record it will be presumed the several persons named held as tenants in common,—so that in such case it would not be necessary for the jury to make a separate assessment upon each tract, so as to show the proportion of the judgment belonging to each of the owners.</p> <p>2. But where several tracts of land belonging to different owners separately are embraced in one petition, doubtless it would be the duty of the jury to make a separate assessment for each tract.</p>