City of Springfield v. Dalby

Citations

• 139 Ill. 34
• 29 N.E. 860

Syllabus

<p>1. Eminent domain—damage to property not taken—situation amf shape considered. Where a strip of land, is sought to be condemned for a street, dividing the tract over -which it is proposed to establish the street in two unequal parts, evidence as to the susceptibility of one of the parts left to subdivision, into city lots, is proper, as having a direct bearing upon the value of that portion of the tract, and upon the extent to which that value will be affected by taking the land sought to be condemned.</p> <p>2. On a proceeding to condemn a strip across a tract of land for a street, evidence showing the value of the property as a whole before the proceedings were commenced, and also showing the way in which the proposed street will cut the property up, and the situation in which the parts not taken will be left, and their capacity or want of capacity, in such situation, for being put to profitable uses, tends to show whether the property not taken will be damaged, and will furnish the jury a proper basis on which to estimate the damages. ■'</p> <p>3. Same—determining damages — inspection by jury. While it is proper in such a proceeding to take the opinions of witnesses as to the amount of the damages, such opinions are not essential, nor is the jury bound by them, if given. It is the duty of the jury to determine the damages according to their own judgment of what seems proper from all the evidence before them, including the knowledge derived from their personal inspection of the premises.</p> <p>4. Tike information obtained by the jury from a view and inspection of the land affected by the condemnation is in the nature of evidence, upon which the jury may, in connection with the other evidence, base their estimate of damages. Hence it is not error for the court to call the attention of the jury to such inspection, as furnishing, together with the evidence, the proper foundation upon which to base their verdict.</p> <p>5. Where there is evidence ten din g to prov