# Commissioners of the McGee Creek Levee & Drainage District v. Wabash Railway Co.

> Illinois Supreme Court · December 16, 1925 · 319 Ill. 379

URL: https://www.frixlaw.com/law-library/cases/3413098

## Case

- **Full name:** The Commissioners of the McGee Creek Levee and Drainage District, Appellees, vs. the Wabash Railway Company Et Al. Appellants
- **Court:** Illinois Supreme Court
- **Decided:** December 16, 1925
- **Citations:** 319 Ill. 379; 150 N.E. 259
- **Precedential status:** Published
- **Opinion:** Dissent by Thompson
- **Judges:** Thompson
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3413098

## Opinion text

Mr. Justice Thompson,
dissenting:
Where the evidence on the question of benefits is conflicting, as it is in this case, and the trial court and jury have had the benefit of seeing and hearing the witnesses and of a view of the territory involved, this court will not interfere with the judgment of the trial court unless clearly and palpably against the weight of the evidence. (Inlet Swamp Drainage District v. Gehant, 286 Ill. 558 ; City of Chicago v. Weber, 260 id. 105; Topliff v. City of Chicago, 196 id. 215.) Whether the property of appellants will be benefited to the extent it is assessed is a question to be determined largely from the opinions of the different witnesses. In weighing these opinions much depends upon the appearance of the respective witnesses while on the stand, their manner of testifying and their apparent intelligence and judgment. The fact that we may differ with the jury and the trial judge does not warrant us in setting aside the verdict and judgment unless we can say they are manifestly against the clear preponderance of the evidence. That finding is not made in this case, nor do I think it can be made on this record.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3413098. Public record. Not legal advice.