Peoria & Rock Island Railway Co. v. Birkett

Citations

• 62 Ill. 332

Syllabus

<p>1. Right on way—damages—conflict of evidence. Where the land sought to be taken by a railroad company for right of way, situate in the limits of the city of Peoria, was over ten acres, and twenty-five witnesses sworn estimated the damages to the land owner at various sums, ranging from $1,800 to §18,000, and the jury assessed the damages at §5,500: Held, that the damages were not excessive.</p> <p>2. Same—finding as to fencing. On a proceeding to condemn land for right of way by a railroad company, the jury, in their verdict, found the value of the land taken at $3,000, and the damages, aside from the value of the land taken, to the land owner, over and above the benefits, at $2,500, making in all §5,500. It was objected that the verdict was defective in making no reference to the fencing, and keeping the same in repair. It was held that as there was no proof as to the fencing, the jury could not find a verdict as to its cost.</p> <p>3. WThile it is true that, in a proceeding to assess damages for a right of way for a railroad company, the cost of erecting and maintaining fences along the line of the proposed road, is proper to be considered by the jury as an element of damages, yet when no proof is offered on the subject, the jury will not be required to find in their verdict any thing in respect to it.</p> <p>4. Same—of the fee simple title. Where a proceeding was commenced to condemn land by a railroad company previous to the adoption of the present constitution, under a charter which gave the land appropriated in fee simple to the company, but the assessment of damages was had after the adoption of the present constitution, it was held that the rights of the parties were to be decided under the charter, and that an instruction, telling the jury that the Company acquired no title to the land, and that they should consider such fact in assessing damages, was properly refused.</p> <p>5. Sahe—future damages from changes. A railroad company condemning land for its