Rockford, Rock Island & St. Louis Railroad v. McKinley

Citations

• 64 Ill. 338

Syllabus

<p>1. Error—irregularity in impaneling a jury—when may he availed of. In a proceeding to condemn land for the use of a railroad, upon objection * that the jury were not sworn in the manner directed by the statute, it was held, that the objection came too late after verdict. The party being,present when the jury were sworn, and not having made the objection at the proper time, he will be deemed as having waived whatever irregularity there may have been in the manner of swearing the jury.</p> <p>2. Exceptions to depositions—when to be taken. Where objection is made to a deposition on the ground that the name of the witness was not in the notice to take depositions, the objection to be availed of must be made before the commencement of the trial, and if not so made, it will be considered as having been waived.</p> <p>3. Eminent domain—measure of damages for land, taken—admissibility of evidence. In a proceeding to condemn land for the use of a railroad, the jury are entitled to know the amount of land taken; how it affects the remainder; how it divides the farm, in case of farm lands, as to water, pasturage, improvements, etc.; and also the danger and inconvenience in the perpetual use of the track for moving trains over, and what injury, if any, to stock kept on the farm and many other things connected therewith better understood and better to be explained by persons of large experience in such matters, and, as a general rule, any evidence that tends to illustrate these various subjects is admissible. •</p>