Lake Erie & Western Railroad v. Scott

Citations

• 132 Ill. 429
• 8 L.R.A. 330

Syllabus

<p>1. Eminent domain—property “damaged”—public highway made less ■safe in its use—rights of adjacent owner. Where a railroad is constructed alongside of a public highway which adjoins a farm, the damages which the owner of the farm shares, in common with the public, by reason of the dangers and unsafety of travel on the highway, are not recoverable.</p> <p>2. But where the highway gives the farm an increased value, depending, to some extent, upon the location of the buildings and the ■character and degree of use the owner may have for such highway, then, in so far as the use of the highway is interfered with or destroyed by the location and operation of the railway near it, the value of the farm will be lessened, and for that he will be entitled to recover damage's. As to this he sustains some pecuniary damage in excess of that sustained by the public generally.</p> <p>3. There is no good reason for distinguishing between an injury .arising from an interference with the land owner’s right to the advantages the highway gave his iarm, caused by a physical obstruction placed therein, and where the same kind of an injury is produced by the operation of trains beside it. In either case, the advantages given the farm by the highway are to some extent destroyed, and the land lessened in value.</p> <p>4. If the result of operating a railway injures a person’s farm in a way not comipon to the public, and thereby makes it less valuable, he is damaged for the public use. Such operation being lawful, and confined to the right of way, will not release the railway company from liability.</p> <p>5. Same—the word “damaged”—its meaning—in this connection. The ■constitutional provision that private property shall not be taken or damaged for public use without just compensation, is intended to cover •cases where damages are caused by acts that are legal, and entirely within the power of the corporation performing them, but in the doing of which, for the use and benefit of the public,