St. Louis, Jacksonville & Chicago R. R. v. Springfield & Northwestern Railroad

Citations

• 96 Ill. 274
• 1880 Ill. LEXIS 29

Syllabus

<p>1. Right of wat—.over another right of way. One railroad company is entitled to have condemnation, under the statute, for its right of way across the,right of way of a previously constructed railroad, but the company whose right of way is condemned is entitled to be fully compensated for all damages it may sustain in consequence thereof.</p> <p>2. Same—of the compensation. Where the right of way is sought across or under the track of another railroad company, or through its embankment, the latter company is entitled to receive such sum of money as will enable it to place its ' track over the point at which the ground is condemned in as safe a condition, as nearly as the nature of the case will admit, as it was before the making of the excavation. The damages should cover additional expense for watchmen when travel over the excavation is rendered hazardous; the expense of building and maintaining permanent abutments, or retaining the walls; losses incident to re-building or repairing, and contingent losses by fire or otherwise, and if any other kind of bridge over the excavation is more safe than a wooden one, the compensation should be sufficient to enable the company to erect and maintain perpetually a bridge of that degree of safety, and likewise to reimburse it for all inconvenience and expense incident to the erection and maintenance of such a bridge.</p>