Chicago & Eastern Illinois Railroad v. McAuley

Citations

• 121 Ill. 160
• 11 N.E. 67

Syllabus

<p>1. Limitation—eminent domain—damages to contiguous property, not taken. Upon the construction and putting into operation of a railroad, all damages to contiguous property along the line of the road, present and prospective, from the location and operation of the road, are immediately recoverable, and must, all be recovered in one action; and if an action is not brought until after the lapse of five years, the Statute of Limitations will bar a recovery for any sum.</p> <p>2. Same—as to injury from nuisances—those which are permanent in character, and those not permanent hut continued. Where the original nuisance to land is of a permanent character, so that the damages inflicted thereby are permanent, a recovery not only may, but must, be had for the entire damages, in one action; and such damages accrue from the time the nuisance is created, and from that time the Statute of Limitations begins to run.</p> <p>3. In the case of nuisances which are transient rather than permanent in their character, the continuance of the injurious acts is considered a new nuisance, for which a fresh action will lie; and although the original cause of action is barred, damages may be recovered for the continuance of the nuisance.</p>