Mitchell v. Illinois & St. Louis Railroad & Coal

Citations

• 85 Ill. 566

Syllabus

<p>1. Right of way—condemnation after road, is built. Where a condemnation of land for a railroad and the assessment of damages were set aside, by consent, for the purpose of making a new one of the land actually taken, and the land owner allowed to retain the compensation paid on the original assessment, to be applied on the second, and the court instructed the jury that the land owner was entitled to the value of the land sought to be condemned, with the improvements put thereon, and it did not appear but the jury followed the instructions in the assessment, this court, without deciding whether the law was stated correctly, refused to disturb the assessment, on appeal by the land owner.</p> <p>2. Same—-jury may act on their own conclusion from, actual view. In the assessment of damages for right of way, under the statute, the jury have the right to view the premises, and draw their own conclusions from such observations, as well as from the testimony offered in the case.</p>