Kankakee & Illinois River Railroad v. Chester

Citations

• 62 Ill. 235

Syllabus

<p>1. Assessment of damages—right of way. In a proceeding to condemn a strip of land for a right of way by a railroad company through a party’s farm, consisting of several tracts, both parties, on the trial, treated the farm as a single tract in their examination of witnesses and instructions, and the jury fixed the compensation and the owner’s damages as upon one tract. Upon appeal, the company, for the first time, objected that the finding should have applied to each tract separately: Held, that the objection could not be urged for the first time in the appellate court. The question could not even be raised on motion for a new trial.</p> <p>2. Error—objections waived, by silence. It is a rule of general application in courts of law that if a party acquiesces in the mode of conducting a cause by his adversary, by failing to object and except in apt time, then whether the objection pertain to the introduction of evidence, the measure of damages, or instructions to the jury, he will be precluded from raising it in the appellate court.</p>