Chicago City Railway Co. v. Howison

Citations

• 86 Ill. 215

Syllabus

<p>1. Damages—on dissolution of injunction—profits to be derived from extending road too remote. Where a horse-railway company was enjoined from extending its track to a certain point, and the injunction was dissolved, the company claimed damages from a loss of profits that might have been realized. The evidence relied on was the increase of business after the extension. It also appeared that the company had another line, parallel with the extension and near the same, and that no accounts were kept of the profits as to the extension, the fare being 5 cents for any distance. It was held, that no damages could be assessed for such profits, they being speculative and too remote and uncertain.</p> <p>2. Same — distinguished from other cases. This case is to be distinguished from cases where a business is built up or established so as to furnish a basis for estimating damages. In such cases damages are recoverable for loss of profits where the party is prevented from exercising his business, but not where the business has not been established. Damages for profits of a railway never built are not recoverable.</p>