McReynolds v. Burlington & Ohio River Railway Co.

Citations

• 106 Ill. 152
• 1883 Ill. LEXIS 154

Syllabus

<p>1. Evidence—opinions of witnesses as to damages, in proceeding to condemn right of way—of their weight. The opinions o£ witnesses upon the question of damages, in a proceeding to condemn land for a right of Way, are not to be passively .received and blindly followed, but they are to be weighed by the jury, and judged of in view of all the testimony in the case and the jury’s own general knowledge of affairs, and have only such consideration given to them as the jury may believe them entitled to receive.</p> <p>2. Eminent domain—what are elements of damages—railroad crossing a farm. The inconvenience of carrying on a farm divided into two parts by a railroad, is a legitimate element of damages to be considered by the jury in assessing damages for right of way, although such damages may be largely conjectural, and not susceptible of anything like definite ascertainment.</p> <p>3. Same—danger in crossing the railroad track—as an element of damages. But damages 'from danger of crossing the road with teams, and for danger to children and members of the family of the owner, are so unreliable and uncertain as not to form a proper basis in the assessment of damages. The assessment should be confined to such damages only as are reasonably probable.'</p> <p>4. Same—special benefits—when allowed as against damages. It is not error to instruct a jury on the assessment of damages in a proceeding to condemn land for a right of way, that if by the construction of the railway the defendant’s lands will be specially benefited, they should find only the compensation for the land actually taken, where there is evidence on which to base such instruction.</p> <p>5. Same—new trial on evidence. Where the evidence as to damages from locating a railway across a farm is conflicting and widely variant, and the jury go upon the premises and examine for themselves, their assessment of damages will not be set aside though not so large as the preponderance of the evidence preserved might justi