Atchison, Topeka & Santa Fe Railroad v. Schneider

Citations

• 127 Ill. 144
• 2 L.R.A. 422

Syllabus

<p>1. Eminent domain—elements of damages—in respect to a leasehold interest—evidence. In a proceeding for the condemnation of a leasehold interest in a lot or building used for business purposes by the tenant, the jury called to fix the compensation may properly take into consideration evidence tending to show the actual value of the leasehold interest of which the tenant is sought to be deprived; the actual injury to be suffered by him from the loss, destruction or depreciation of the improvements placed by him on the property specially adapted to his business, if any is shown; the reasonable cost of removal and of refitting in another locality for the further conduct of business, as shown by the evidence; and also any injury the jury may find, from the evidence, will result to the tenant by reason of the, unavoidable interruption of his business, incident to its present site and his establishment in a new location during the period of such interruption, if any is shown.</p> <p>2. On the trial, the petitioners offered to prove the rental value derived from similar premises in the near vicinity, which the court refused to allow. The proposed evidence failed to show the property inquired about was similar, or in the near vicinity: Held, no error in refusing the testimony so offered.</p> <p>3. In the same case, the tenant was allowed to state his average monthly profits during the year preceding the hearing: Held, that this was competent as tending to prove, with other testimony, the loss which he would incur by the suspension of business during the time necessarily consumed in moving to another place.</p> <p>4. Same—new trial—verdict against the evidence. While the personal view of the jiuy in a condemnation case is in the nature of evidence, and is to be considered by them in connection with other evidence, yet this, nor any other court, has ever held that the jury may ignore all the other evidence, and fix the compensation and damages directly contrary thereto. It