Chicago & Iowa Railroad v. Baker

Citations

• 73 Ill. 316

Syllabus

<p>1. Default—what it admits, in trespass. A default in trespass quare clausum fregit admits a trespass, but does not entitle the plaintiff to more than nominal damages. It admits only the traversable allegations in the declaration, but circumstances of aggravation are not traversable.</p> <p>2. Same—defendant’s right to cross-examine. Where the plaintiff, on the assessment of damages on a default in trespass, gives evidence with a view of aggravating the damages, the defendant may cross-examine to counteract the effect of such testimony.</p> <p>3. Exemplary damages—in trespass. If a plaintiff' claims exemplary damages in trespass quare clausum fregit on an assessment upon a default, he should give in evidence the circumstances which accompanied and gave character to.the trespass, showing the acts complained oflo have been malicious or oppressive.</p> <p>4. Measure of damages—talcing land for right of way. Where a railway corporation constructs its road over the land of another without condemnation or right, the measure of damages will be the amount of the injury directly resulting from the act complained of, where no malice or oppression is shown, or, in other words, the difference between the value of the land when the injury began, and such value as affected by it.</p>