Jones v. Chicago & Iowa Railroad

Citations

• 68 Ill. 380

Syllabus

<p>■*■* •®reHT 0F way—damages confined to property desm'ibed in the pleadings. On the assessment of damages for a right of way for a railroad company, the inquiry as to damages should be confined to the tract of 'land described in the petition, in the absence of a cross-bill by the defend. .ant showing that he owns contiguous lands which will be damaged.</p> <p>2. Same—neglect to fence as an element of damages. Where a railroad company has fenced its track through land it is seeking to condemn for right of way, it is not erroneous to instruct the jury assessing the damages not to consider the fiiilure to maintain the fences as an element of damage.</p> <p>• 8. Same—-farm crossings. But farm crossings -being easements over the right of way, and not constituting any part of the fence, like gates or ^ars’ ou§ht not t0 ke winded in such an instruction, as the statute has not given the land-owner any remedy to compel their erection and maintenance-</p> <p>4. Same—measure of damages. In condemning land for railroad purposes it is hardly practicable to state any inflexible- rule for estimating damages to the land owner. The amount should be sufficient to cover all the actual damages sustained by reason of the construction of the road, the land taken, for all physical injuries to the residue, and for all inconveniences of every character actually produced, but nothing should be allowed for imaginary or speculative damages, or such remote and inappreciable damages as may be imagined but may never occur.</p> <p>5. Same—damages from danger by fire. Damage from fire resulting from the use of steam as a motive power, in most cases, may be reckoned among the imaginary dangers that may or may not occur, and if they do, the law affords a speedy and effectual remedy. But if the road is constructed so near the owner’s buildings as that the danger from Are is real, it may constitute an element of increased damages.</p> <p>6. Same—evidence as to value of land. Where, on the assessment