Springer v. City of Chicago

Citations

• 135 Ill. 552
• 12 L.R.A. 609

Syllabus

<p>1. Street improvement—private damage—measure of damages— elements to be considered—value of property—evidence, etc. In an action against a city to recover damages alleged to have resulted from the construction by the city of a public improvement in a street upon which the plaintiff’s property abutted, if it appear that no part of the plaintiffs land has been taken, but merely damaged, by the public improvement, a recovery can not be had unless the property claimed to be damaged has been depreciated in value by the construction of the improvement. If the fair market value of the property is as much immediately after the construction of the improvement as it was before the improvement was made, no recovery can be had.</p> <p>2. In order to determine whether a party has been damaged by the construction of a bridge, viaduct and approaches in a street in front of his property, it is proper to show the value of the property before and after the improvement, as well as at the time the improvement was made.</p> <p>3. Evidence of the value of the lot at the time of the trial is competent, as having a bearing on the value of the property some sixteen months before the time of the completion of the improvement.</p> <p>4. Evidence of the value before and after the time when the damages are alleged to have been sustained is admissible, and the time within which such evidence shall be confined is a matter in the sound discretion of the trial court.</p> <p>5. Same—proof of value by offer to sell. While an offer of the owner of property to sell at a certain price is not conclusive evidence of its value, yet such offer is competent evidence against him as an admission in fixing the value at or near the time the offer was made.</p> <p>6. It is competent to prove the admissions and declarations of the owner of property sought to be condemned for public use, as to its value, and the price at which he has offered to sell it, which are pertinent to the issue. If the owner has given an