City of Chicago v. Huenerbein

Citations

• 85 Ill. 594

Syllabus

<p>1. Measure of damages—depriving party of use of land. Where land is wrongfully overflowed so as to deprive the owner of its use, the true measure of damages is, its fair rental value. The supposed value of what might have been raised on the same had it been cultivated, less the cost of cultivation and marketing, is too remote ard speculative.</p> <p>2. Former decision. The rule as to the measure of damages announced in The Chicago and. Rock Island R. R. Co. v. Ward, 16 Ill. 522, has not been followed in subsequent cases. In that case the crop on the land was planted and partly matured when destroyed, and it has no application to a case where no crop was ever planted.</p>