Jacksonville & Southeastern Railway Co. v. Walsh

Citations

• 106 Ill. 253
• 1883 Ill. LEXIS 165

Syllabus

<p>1. Eminent domain—measure of damages. In a proceeding under the Eminent Domain act to condemn property for a railroad depot, the cash value of the property is the only proper measure of damages. All evidence tending to show that value is proper, and all evidence tending to enhance the damages above or reduce them below that sum is improper.</p> <p>2. In such case the evidence should be confined to the market value of the property sought to be taken, and all evidence of the amount of business that was or could be done on it, or the probable profits arising therefrom, should be rejected. The purpose for which the property was used and designed, its location and advantages as to situation, are proper matters for the consideration of the jury; but the profits of the business past, and conjectural x:rofits for the future, are too speculative and uncertain upon which to ascertain the market or cash value of the property.</p> <p>3. The question of the cost of the erecting of such buildings as were upon the premises is not an element of damages, unless it is shown they would actually increase the value of the premises to the extent of their cost. Such improvements may or may not enhance the value of the land to the amount of their cost. The true question is, not what the property cost, but for how much would it sell.</p> <p>4. Instruction— calling attention to the evidence of one party. On an inquest of damages for property sought to be condemned, an instruction which singles out and calls attention to the testimony of the land owner is erroneous, as unfair, and calculated to mislead the jury, by seemingly giving undue importance to such testimony.</p>