Eberhart v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 70 Ill. 347

Syllabus

<p>1. Riqht OB' wat—measure of damage, where the property is not taken. Where land is not taken by a railway company for its right of way, but damaged only, the question should be, will the property be of less value, when the road is constructed, than it was when it was located ? If so, then the difference is the true measure of damages. To ascertain this, the opinions of intelligent witnesses on the subject, are proper.</p> <p>3. Same—damages must he actual. The damages contemplated by the constitution, where the property is not taken for the use of a railway company, must be actual, real and present damage to the property.</p>