Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.

Citations

• 146 Ill. 372

Syllabus

<p>Eminent domain—evidence of the value of land taken. In a proceeding by a railway company to condemn land for a right of way, evidence of the prices paid by the petitioner to other property owners for right of way along its line is incompetent, and not admissible.</p> <p>2. Evidence of sales of other similar property in the neighborhood, at or about the same time, tends to show the fair market value of the property sought to be condemned; and such sales, when made in a free and open market, where a fair opportunity for competition has existed, become material and important factors in determining the value of particular property. But to have that tendency they must have been made under circumstances where they are not compulsory, and where the vendor is not compelled to sell, at all events, but is at liberty to invite competition among those desiring to purchase.</p> <p>3. Same—evidence of amount of damages. On the trial of a proceeding to condemn land for a public use, the court instructed the jury that they were the judges of the credibility of the witnesses, and the value of their testimony in relation to the compensation and damages; and if, after full consideration of all the testimony in the case, with their own inspection of the premises, they might conclude their inspection was a more reliable basis for the estimate and assessment of compensation and damages, then they had the right, under the law, so to do, but that they should not arbitrarily and without reason reject any of the testimony: Held, the instruction was erroneous.</p> <p>4. Same—personal view—in the nature of evidence. The results oE a personal view of the premises by the jury in condemnation cases are in the nature of evidence, and may be taken into consideration by them in passing upon the testimony of the witnesses, and when the evidence is conflicting they may be resorted to by the jury as bearing upon the weight to be given to the variant and conflicting estimates given by the various .wi