Kiernan v. Chicago, Santa Fe & California Railway Co.

Citations

• 123 Ill. 188
• 14 N.E. 18
• 1887 Ill. LEXIS 1027

Syllabus

<p>1» Eminent domain—measure of damages—elements to be considered— as to land taken and land not taken, generally. In assessing the value of th® land taken, in a proceeding to condemn for railroad purposes, and the damages to land not taken, the jury should not assess the same on the basis of what the owner would take for the same or any part thereof, or what the jury would take if they were the owners. J J</p> <p>2. The proper measure of damages, in such case, is the actual fair cash market value of the land taken, and the decrease in the actual fair cash market value of the land and .property not taken, by reason of the construction and operation of the railroad.</p> <p>3 Same—damage to land not taken, how to be ascertained. In assessing the damages to the market value of the land and property not taken, the jury should not take into consideration anything as an element of damages which is remote, or imaginary, or speculative, even though mentioned or testified to by witnesses, but the only elements they should consider as tending to reduce the market value, are those which are appreciable and substantial, and which will actually lessen the market value of the property.</p> <p>4. In such a ease, the land owner gave in evidence the opinions of witnesses as to the amount of the depreciation of the market value of his farm, by the railroad crossing it in the manner proposed. Evidence was admitted on the part of the petitioner, as to how the selling value of other farms in the county crossed by railroads had actually been affected thereby, as shown by cases of sales that had taken place: Held, that this evidence was not properly admissible in rebuttal, but as it did not appear that it did any harm, the error was not sufficient to call for a reversal.</p> <p>5. Same—damage from dimerti/ng water-cov/rse. Where a railway company, in a condemnation proceeding for a right of way for its road, sought to divert a stream of water crossing the line of the road, so as to confin