Peoria & Rock Island Railway Co. v. Warner

Citations

• 61 Ill. 52

Syllabus

<p>1. Plea-justification-condemnation of right of way. A plea to an action of trespass, justifying the entry on the land by a railroad company under proceedings to condemn the right of way, in which notice was not given to the owner, is insufficient to bar the action. A party must have notice of such a proceeding before he can be deprived of his property. It is required by the statute. Whether the proceedings were instituted under the act of 1845 or that of 1852, the notice is equally required. Such a notice is indispensable independent of statutory requirement.</p> <p>2. Condemnation on bisect of wat. The act of 1845, entitled “Bight of Way,” was in force notwithstanding the act of 1852, on the same subject, so far as it is not repugnant to the latter act, and it has been so recog- ' nized by repeated decisions and by legislative enactment. The general railway law of 1849 did not aifect the act of 1845. The 19th section of that .act was intended to reserve the power in the legislature to fix the route and termini of all roads organized under its provisions, and not to repeal the law of 1845.</p>