Hayes v. Ottawa, Oswego & Fox River Valley R. R.

Citations

• 54 Ill. 373

Syllabus

<p>1. Condemning eight of wat for a railroad—what facts to be considered in estimating damages and benefits. In estimating the damages and benefits to result from the construction and use of a railroad over land which has been condemned for that purpose, under the act of 1852, the jury are not confined to the consideration of the state of facts as they existed at the time the land was taken, but may consider the subject in the light of the facts as they exist at the time of the trial.</p> <p>2. So a stipulation voluntarily entered into by the railroad company, to the effect that they would erect a depot upon their road, near to the land in respect to which the inquiry of damages and benefits is being made, is admissible in evidence on behalf of the company, upon such inquiry, although the location of the depot at that point had not been determined upon until the time of the trial.</p> <p>3. The question whether the company would be bound by the stipulation to locate the proposed depot at the place indicated, is not one affecting its admissibility. The jury could judge, from all the evidence, whether it would be located at that or a more remote point, and determine its effect upon the value of the land accordingly.</p> <p>4. Same—opinions of witnesses. Upon such an inquiry, respecting the question of damages and benefits, the opinions of witnesses are admissible, as to the benefit which would probably result to land by the location of a railroad depot within a certain distance of it.</p> <p>5. Same—of the question of compensation and benefits. In fixing the compensation to the owner of land condemned for the right of way for a railroad, under the act of 1852, he must be paid, in money alone, the full value of the land taken, irrespective of any benefits or advantages which may result to his remaining land from the construction and use of the road.</p> <p>6. But in estimating and assessing his damages by reason of the construction and use of the road, apart from the q