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

Citations

• 137 Ill. 628
• 25 N.E. 798
• 1890 Ill. LEXIS 1147

Syllabus

<p>1. Eminent domain—measure of damages—elements considered. In a-condemnation proceeding the court instructed the jury that they were . justified in taking into consideration not only the value of the land actually taken, but all facts which contribute to produce damage to that not taken, as, if it appears from the evidence that the farm is cut in an inconvenient shape for cultivation or other farming purposes; or that the land is divided or out off from water, pasture or improvements; or that any spring, well or water supply is destroyed or cut off from the dwelling house; or that there is danger from killing or injur- ' ing stock; or damage from fire from passing engines; or that there will be inconvenience in crossing or recrossing the right of way and track in going from one part of the farm to another; or the injury, if any, by reason of the field or farm being thrown open until the company fences the right of way, and all damages that are reasonably probable to flow from the construction and operation of the proposed road: Held, that the facts recited therein are circumstances which might tend to deteriorate the value of the farm, and therefore contribute to produce damages, and that there was no error in giving the instruction.</p> <p>2. The material inquiry is the fact of depreciation in the market value of the land not taken, but it is within the province of the jury0 to inquire whether the facts recited in the instruction exist, and if so, whether they caused a depreciation, and its extent, in the market value.</p> <p>3. As to the land not taken for right of way, the land owner can recover damages only for the depreciation in its market value; but the jury may take into consideration all facts which contribute to produce damage to the land not taken, as they appear from the evidence.</p> <p>i. Where the petitioner introduces evidence that the portion of the farm cut off from the buildings might be sold to adjoining land owners at but little depreciation,