Johnson v. Freeport & Mississippi River Railway Co.

Citations

• 116 Ill. 521

Syllabus

<p>1. Eminent domain—proceedings against several owners—right to a separate trial and a separate appeal. In proceedings under the Eminent Domain act, against several land owners, each separate owner may have his damages assessed before a separate jury, and is entitled to a separate appeal from the judgment rendered on the verdict.</p> <p>2. Same—mode of reaching defects in petition. The fact that a cross-petition, under the Eminent Domain act, avers only the evidence of title, and not any actual present title in the party filing it, and is uncertain in the description of his interest in the property, may afford ground of demurrer, but not any for dismissing the same.</p> <p>3. Same—right of way is properly, not a franchise. Aright of way for a railroad is not a corporate franchise, but is property acquired in the exercise of such franchise, and if it is sought to be condemned, the party in whom the same is vested in trust, will have the right to present his claim for compensation, and be heard in support thereof.</p> <p>4. Appeal—what is a final order from which appeal lies. Where a cross-petition filed by a defendant in a proceeding to condemn under the Eminent Domain act, brings before the court and states a claim of ownership or interest not stated in the original petition, is dismissed, the order of dismissal is final as to the rights claimed under it, and an appeal lies from the order of dismissal.</p>