Peoria & Rock Island Railway Co. v. Rice

Citations

• 75 Ill. 329

Syllabus

<p>Right or way —party to proceeding, on owner’s death. In a proceeding to condemn land by a railway company for right of way under a special statute which passed the fee in the land taken upon payment of the damages assessed, and which required the court to render judgment upon the report of the commissioners in case no appeal was taken from their assessment, both parties appealed and a trial was had, and the company procured a reversal for error. The land owner having died, the cause was re-docketed in the name of his administrator, the company’s appeal dismissed for want of prosecution, and thereupon the administrator dismissed the appeal of his intestate, electing to take the damages as found by the commissioners, which had been deposited: Held, that, as the fee in the lands descended to the intestate’s heirs at law, they should have been made parties, so as to conclude them by the judgment, and for the error in not making'them parties, the judgment of the court was reversed.</p>