Kankakee & Seneca Railroad v. Horan

Citations

• 131 Ill. 288
• 23 N.E. 621

Syllabus

<p>1. Actions—for injury to reversionary interest in land. In an action on the case for an injury to real estate, consisting of a farm, the plaintiff, by 'his declaration, claimed an estate in reversion after the expiration of a then existing tenancy. The counts then alleged the construction and maintenance by the defendants of a railroad and its appurtenances, consisting of permanent embankments, ditches, bridges, etc., by means of which the waters of a certain slough or water-course were and would be permanently dammed up, diverted to, and caused to set back upon and overflow said farm, thus creating a permanent nuisance to and upon the farm, by reason of which nuisance the plaintiff had suffered injury and damage to his estate in reversion: Held, on motion in arrest of judgment, that the declaration showed a cause of action for damages to the plaintiff’s reversionary interest.</p> <p>2. In such case, the declaration will not be insufficient on motion in arrest of judgment, merely because it does not allege that the tenancy has terminated, or how long it will continue. An injury to land which is permanent in its nature is necessarily an injury to the entire estate, which includes the reversion.</p> <p>3. The estate in possession, its nature and duration, and the amount of rent reserved, if any, are material matters to be considered in the assessment of damages in favor of the owner of the reversion; but they are immaterial when the question is merely as to the sufficiency of the declaration to show a cause of action, or to warrant a recovery of any damages.</p> <p>4. Same—of a continuing or permanent injury. Eoad-beds, embankments, trenches, bridges, culverts, and other appurtenances of a railroad constructed and maintained in pursuance of lawful authority, are to be regarded, in law, as permanent structures,—not because they may not be changed, but because the railway corporation has the legal right to maintain them forever. Therefore, such a nuisance is a perman