Chicago & Pacific Railroad v. Hildebrand

Citations

• 136 Ill. 467
• 27 N.E. 69

Syllabus

<p>1. Eminent domain—use of adjoining lands—removing earth for embankment-limitation as to manner of use. A railway company, by acquiring the right to take the earth from land adjoining its right of way for the purpose of making embankments for its tracks, does not thereby acquire a right to create a nuisance on the land condemned by leaving holes therein, and grass or other combustible materials thereon, whereby the land owner may be injured in the enjoyment of his legal rights without any right of recovery therefor.</p> <p>2. Same—contiguous lands—what so considered—in the matter of assessment of damages. Where a single, compact body of a farm is crossed by a railroad, disconnecting the body into two parts, each part is contiguous to the railroad so crossing it, and the taking of additional lands subsequently for right of way, or for constructing an additional track, is to be regarded only as an enlargement of the original quantity of land taken, and as fairly within the scope of the design of the original taking, and so each of the several parts of the farm is to be regarded as contiguous to it, and damages thereto may be assessed.</p> <p>3. Same—measure of damages — elements to be considered. Merely possible, speculative or remote damages do not form the proper basis for a recovery in a proceeding to condemn land for railway purposes.</p> <p>4. In a proceeding to condemn strips of land across certain farms for railroad purposes, the court instructed the jury, “that in estimating just compensation to be paid to the defendants * * * on account of the use of the land described in the petition as therein mentioned and described, and the damages, if any, to the residue of the farms, you should take into consideration all injuries and inconveniences which are appreciable, and which you believe, from the evidence, are reasonable, probable and likely to result from the use of the land as sought in this case, although such injuries or inconveniences may be largely conjec