Chicago, M. & St. P. R'y. Co. v. Brink

Citations

• 16 S.D. 644
• 94 N.W. 422
• 1903 S.D. LEXIS 120

Syllabus

<p>1. Where a railroad company had previously condemned a right of way and in. a subsequent proceeding to condemn additional strips to widen it the court charged that the jury should not allow the landowner for the present injuries the railroad was inflicting or would in the future inflict, and should only allow compensation for the additional land taken and the injury that would resuit therefrom, it will be presumed on an appeal from the award, in the absence of a showing to the contrary, that no damages were awarded on account of the construction of the road itself.</p> <p>2. In a proceeding to condemn an additional strip of about 3 acres on each side of a railroad’s right of way, it appeared that defendant’s remaining land was separated from the railroad by two fences which it would be necessary to remove, and which defendant testified were valuable in keeping his stock from the track. Defendant and other witnesses testified that the difference in market value of defendant’s farm before and after the taking of such additional strips was “$500 and more.” The only evidence as to the value of the land produced by petitioner was that defendant’s farm and other land in the neighborhood, when sold as a whole, was worth from $35 to $50 per acre. Held, that an award of $400 was not excessive.</p>