McAuley v. Columbus, Chicago & Indiana Central Ry. Co.

Citations

• 83 Ill. 348

Syllabus

<p>1. Railroads—right to condemn property. It matters not whether certain railway companies were empowered by their charters to construct a railroad within the city of Chicago, if, after their consolidation, the legislature, by an amendatory act. recognizes the existence of the consolidated company and the name adopted, and its authority so to construct its road, as this will confer the power.</p> <p>2. Same—act construed, as giving power to construct road in a city. A provision of an act amendatory of the charter of a railway company, that the rate of speed at which its trains, etc., may be run in the city, shall be under the control of the common council, is a legislative recognition of its right to construct its road within the city limits.</p> <p>3. Eminent domain—corporation de facto may exercise the right. In a proceeding by a railway company to condemn land for the use of its road, it is sufficient that it is, de facto, a corporate body.</p> <p>4. Condemnation— trial of other issues on assessment by jury. After the introduction of evidence on an assessment of damages for property sought to he condemned, the court, on motion of certain tenants of one of the land owners, swore the jury to try the issues presented by their pleas questioning the right to condemn. The proof of these issues was nothing more than what the land owners insisted upon, and this working them no prejudice, was held no error as to them.</p> <p>5. Same -—instruction as to time of fixing value of property, when immaterial. Where the witnesses on both sides, in a proceeding to condemn property, testified as to ’its value at the date of the institution of the proceeding, except three, and from their testimony it did not appear that the property was worth more at the time of the trial, it was held, that a modification of an instruction confining the jury to its value at the first date, was not of Sufficient importance to affect the rights of the land owner.</p>