Peoria, Pekin & Jacksonville Railroad v. Black

Citations

• 58 Ill. 33

Syllabus

<p>1. Railboad—right of way—condemnation of Where a railroad company institutes proceedings under the act of the 22d of June, 1852, to condemn the right of way, and the case is appealed to the circuit court from the assessment of the commissioners, the court has no power to permit an amendment allowing the company to condemn the right of way under the act of 1845. Having elected to proceed under one act, they can not in that proceeding abandon the claim under the act of 1852, and proceed under the other.</p> <p>2. Same—estimating benefits. In such a proceeding under the act of 1852, it is not error to instruct the jury that in estimating benefits to the claimant, they should not consider such benefits as lie receives on other lands in common with owners of lands over which the road does not pass, and only to assess benefits he will receive over such common benefits. Such an instruction accords with the provisions of the act of 1852, and was proper.</p>