St. Louis, Jacksonville & Chicago Railroad v. Lurton

Citations

• 72 Ill. 118

Syllabus

<p>1. Contract—construction. A contract of a railroad company to build a bridge over its road at a given point, within one year after the completion of the road, imposes no obligation on the company to complete its road witffin afiy given period, or within a reasonable time, and the other party to the contract can not recover upon it for a failure of the company so to do.</p> <p>2. Measure of damages—on breach of contract to build a bridge over a railroad. In a suit against a railroad company for a failure to build a bridge over its road at a given point, in pursuance of a contract so to do, the measure of damages is not the difference in the value of property to be affected by the bridge, or the want of it, but it is the cost of building such a bridge, together with reasonable compensation to the otner party to the contract, for his time and labor in procuring and managing its construction, and perhaps such damage as may be sustained during the time required to build it.</p> <p>8. A railroad company contracted with the owner of land over which its road ran, to build a bridge over its track at a specified point on said land, within twelve months after the completion of the road. The road was not completed for several years, and the bridge was never built: Held, in a suit on the contract by the owner of the land, he was not entitled to recover any damages on account of the delay in building the road.</p> <p>4. Carrying demurrer back. Where the general issue has been filed to the whole declaration, a demurrer to a special plea will not be carried back to the declaration.</p>