Chicago & Evanston Railroad v. Dresel

Citations

• 110 Ill. 89

Syllabus

<p>1. Eminent domain—loss of profits in business on the premises—as an element of damages. On an application to condemn for a right of way for a railroad, a part of four lots, held by the defendant .under a lease, which leasehold lots were occupied by the defendant in connection with adjacent lots, of which he was the absolute owner, and which were used in carrying on an extensive hot-bed system of flower-gardening, the court instructed the jury that there could be no recovery for loss of business or loss of profits: Held, that the instruction was correct.</p> <p>2. Same—of the proper basis for damages, where a part of the premises are held under lease, and the residue in fee. A person occupied fourteen lots in a certain block in carrying on the business of flower-gardening, as one tract, or as an entirety, holding four of them under a lease for two years, and owning the other teti, and a railway company sought to take a portion of the leasehold property for a right of way. It was held, if by so doing the market value of the whole tract was lessened during the two years the lease had to run, the owner and occupant ought to be allowed damages to the extent that the market value of the entire property was thereby depreciated.</p>