Schlattweiler v. County of St. Clair

Citations

• 63 Ill. 449

Syllabus

<p>1. Highway—damages to owner of land taken—new trial. On the trial for the assessment of damages to the owner of land proposed to be taken for a road, it appeared that the road was of no benefit to the owner; that it took about forty-four hundredths of an acre of his land, which was worth $100 per acre; and that the establishment of the road made it necessary for him to expend $140 or more in building a fence, besides the burden of annual repairs. The jury assessed his damages at $40: Held, that the court erred in not granting a new trial, the verdict being against the preponderance of the evidence.</p> <p>3. Appeal or writ op error—in what eases it lies. Under the present constitutional provisions, an appeal or writ pf error will lie from the judgment of the circuit court in refusing to grant a new trial on the assessment of damages caused by the laying out of a highway, and such proceedings may be reviewed by this court.</p> <p>3. Same—right secured by constitution. Under sections 3 and 8 of article 6 of the constitution of 1870, the right of parties to an appeal or writ of error to this court is made a constitutional right, and must be allowed when claimed.</p>