Toledo, Peoria & Warsaw Railroad v. Darst

Citations

• 61 Ill. 231

Syllabus

<p>1. Eminent domain—railroad—damages. On an appeal in the circuit court, in a case for the assessment of damages on the condemnation of the right of way for a railroad, the statute has given a trial by jury.</p> <p>2. Damages—estoppel. Where a railroad company went upon land and built their road without procuring the right of way, and occupied it for twelve years and then instituted a proceeding to condemn the right of way, the company have no right to insist that the owner is estopped to claim damages. He can only be barred by the statute of limitations, and not by mere non-claim for a less period than the statute has prescribed to bar his claim.</p> <p>3. Sale—of land.. The mere fact that the company entered upon the land and constructed their road, and occupied it for about thirteen years, can not be held to raise a presumption that the owner had sold the right of way to the company.</p> <p>4. License to enter. The mere fact that the company have been long in possession, in the absence of all proof, will not raise a presumption that the owner had given a license to enter and construct their road, and in the absence of such a license the company must be held liable for damages resulting to other lands of the owner from the construction of the road.</p>