Peoria, Pekin & Jacksonville Railroad v. Laurie

Citations

• 63 Ill. 264

Syllabus

<p>1. Right of wav—one statute only. A railway company, having commenced proceedings for condemnation of right .of way under the statute of 1852, must adhere to it throughout, and can not resort to other statutes. The rights of parties must be controlled by the act under which proceedings are begun.</p> <p>2. Title and ownership—when confessed by proceedings. Petition for condemning right of way must designate, and notice must be given to all parties intended to be included as owners and interested persons, and the company is estopped from proving before the commissioners that the party alleged in its petition to be the owner, has not title.</p> <p>3. The commissioners can not consider the .question of title, but only of the extent of damages.</p> <p>4. And the circuit court, on appeal, can consider only the questions decided or reported upon by the commissioners.</p> <p>5. Cross-examination. A witness, having testified to the damages to the particular tract of land touched by the track, can not, on cross-examination, be required to testify as to the effect upon other tracts owned by the same party!</p> <p>6. Rule of damages. The law of 1845 permitted the general benefit received to be estimated against the damages, though conferred upon other lands and in other ways, while the law of 1852 restricts the off-set of benefits against damages to the particular tract affected.</p>