Peoria & Farmington Railway Co. v. Barnum

Citations

• 107 Ill. 160
• 1883 Ill. LEXIS 241

Syllabus

<p>1. New trial—excessive damages—in proceeding to condemn right of way—presumption. On an assessment of damages for right of way, where the jury, at the request of both parties, view the premises, and no other evidence is offered, every presumption will be indulged in favor of the correctness of the verdict. In such case it can not be known the damages assessed are excessive, as it can not be known what the jury saw.</p> <p>2. Instructions—in proceeding to condemn right of way—as being without evidence in their support. Where the jury view the premises over which a right of way is sought to be established, and no other evidence is given, the instructions given can only be considered as- abstract propositions of law. But were this not so, there being no evidence preserved in the record, this court can not say whether' any of the instructions given were calculated to mislead the jury on the facts of the case.</p> <p>3. Practice—remarles of judge in hearing of the jury. The remarks of the judge presiding at the trial of a cause, addressed to counsel in stating an objection to an instruction asked, and giving the reason for modifying the same, which it is not shown the jury heard, and not of much consequence either way, will not be a ground for reversing a judgment which must be presumed to be warranted by the facts of the case.</p>