Chicago & Evanston Railroad v. Jacobs

Citations

• 110 Ill. 414

Syllabus

<p>1. Eminent domain—measure of damages—as to the use of land sought to he condemned—market value. The true test as to damages to be paid for land taken for a public use, is its market value for any purpose to which it is adapted or may be applied. If lots sought to be condemned are in use for market gardening puiposes, and are more valuable for that purpose than for any other, the owner will have the right to show that fact; and hence there is no error in admitting proof in such case of the value of the manure or compost on the land, per load.</p> <p>2. Same—former decision. The case of Lake Shore and Michigan Southern Ry. Co. v. Chicago and Western Indiana R. R. Co. 100 Ill. 21, as to fixing the damages for lots condemned for a right of way, on a different basis than their market value, is to be applied only to property which in its use or condition has no market value.</p> <p>3. New trial—excessive damages—in proceeding under Eminent Domain act. Where the evidence is conflicting as to the value of property sought to be condemned for railroad purposes, and the jury have examined the premises in person, this court will not reverse on the ground alone that the damages assessed may be considered high, unless the damages are clearly excessive.</p> <p>4. Instbuction—misleading, as not directing inquiry to matters in issue. On the assessment of damages for lots sought to be condemned, there being no pretense that they had no market value, the court instructed the jury, that if they found, from the evidence, that there was no market value for such property in such condition, they should determine the actual value of the property from the evidence in the case: Held, that the instruction was calculated to mislead, and was erroneous. The jury should have been so instructed as to direct them inquiry as to the market value of the property.</p> <p>5. Same-—when good as to one defendant and vicious as to another. On the assessment of damages for lots sought to be condemned for