Peoria, Atlanta & Decatur Railroad v. Sawyer

Citations

• 71 Ill. 361

Syllabus

<p>1. Right of way—assessment of damages, on condemnation of land. Where a' petition is filed to condemn land for the right of way, and there is no cross-petition to include other land with it, it is improper to permit evidence to be introduced in regard to land adjoining that described in the petition, and belonging to the same owner.</p> <p>2. The fact that, by the construction of a railroad through a man’s farm, a part of it is cut off, ami he has to travel a greater distance to get to the part so cut off, ns well as the danger to which the owner and his famih', and stock, are exposed, in crossing the track from one part of the farm, to the other, are elements of damage, under the statute, for the consideration of the jury, in a proceeding to condemn land for the right of way.</p> <p>3. Same—compensation, Juno ascertained. It is not improper to instruct the jury, in a proceeding to condemn land for the right, of way, under - the act of 1872, to fix the compensation from the evidence, for, even if the jury should examine the land in person, the facts derived from such examination would be a part of the evidence from which to make a verdiet, and such an instruction could nut mislead them.</p> <p>4. Error will rot always reverse—admission of improper evidence. The admission of improper evidence can not he regarded as a cause for a reversal, unless the party against whom It was admitted has been injured or prejudiced by it.</p>