Illinois Central Railroad v. Grabill

Citations

• 50 Ill. 241

Syllabus

<p>1. Nuisance—liability of a railroad company. The maxim, <c use your own property, so as not to injure another,” is quite as applicable to a railroad corporation as to individuals, except so far as the law creating it may have granted to it immunity, and a recovery can and should be had for such damages as arise out of the careless or negligent acts of a railroad company in regard to any usual and necessary appurtenance to their road.</p> <p>2. So, where a railroad company erected cattle pens upon their right of way, for purposes of shipping, they should exercise such a supervision over them as will insure the cleanliness of the pens, so that they will not become generators of noxious and unwholesome gases, depriving residents in their vicinity of the comfortable use and enjoyment of their property, and if, by reason of negligence and carelessness, in respect to such pens, they are suffered to become a nuisance, rendering the homes of those in the vicinity uncomfortable and unwholesome, the company must respond in damages for the injury thus occasioned.</p> <p>3. But it seems, annoyances caused by the shouting and noises made by those having charge of stock placed in such pens, could not properly be regarded as an element of damages in an action against the railroad company—such persons not being in a position to be controlled by the company or their agents, nor being supposed to be encouraged by them.</p> <p>4. Measure of damages—in such cases. In estimating the damages resulting from a nuisance of the character mentioned, it is proper to consider the depreciation in the value of the plaintiff’s property, occasioned thereby, and in addition to that, the injury and annoyance to the plaintiff while occupying the premises,</p> <p>5. Former recovery—whether a bar. And, it seems, if a recovery in such case is based upon the deterioration in the value of the plaintiff’s property, such recovery would be a bar to any further prosecution for the same cause; but if a recov