Chicago, Peoria & St. Louis Railway Co. v. Eaton

Citations

• 136 Ill. 9
• 26 N.E. 575
• 1891 Ill. LEXIS 939

Syllabus

<p>1. Eminent domain—measure of damages—as to land not taken—elements to be considered—depreciation in value, generally. On the question of damages to land not taken for a right of way for a railroad across the same, testimony of witnesses as to the value of the land not taken, with the improvements upon it, is proper, in connection with other evidence of the value of the land after the construction of the road.</p> <p>2. Where there is evidence showing the value of the land not taken, with the improvements thereon, before the construction of a railroad, and there is other evidence which shows the reduced value thereof as it will be after the construction of the road, this will enable the jury to fix the extent of the depreciation, and, consequently, the amount of the damages caused by the construction and operation of the railroad.</p> <p>3. In a proceeding by a railway company to condemn a right of way over a farm, the court instructed the jury, that if the land not taken was depreciated in value by the construction and operation of the railroad, the measure of damages was the difference in its market value before and after the construction of the road, and that all the matters and circumstances brought to their attention by the evidence should only be taken into consideration in so far as they aided in determining the amount of such difference : Held, that the instruction was correct.</p> <p>4. Same—right of way over a dairy and stock farm—depreciation in value for pasturage—as an element of damages. Evidence that land through which a railway company is seeking to condemn a right of way, is a dairy and stock farm, and valuable for the purposes of grazing and pasturage, and that its value for such purposes will be diminished if allowed to remain open and unfenced for six months after the completion of the road, is properly admissible.</p> <p>5. Same — land thrown open — during construction'of railroad, and until fenced—inconvenience occasioned thereby—to be consid