St. Louis, Vandalia & Terre Haute R. R. v. Haller

Citations

• 82 Ill. 208

Syllabus

<p>1. Town ordinance—action will lie on providing for payment of da/rnag6 construction of railroad. Where an ordinance of a town authorizing a railroad company to build its road on a street of the town, provides that the company shall be bound to pay all damages that may accrue to property owners on such street by reason of the construction of said railroad, an action will lie on the ordinance, against the company, in favor of any property owner whose property is injured by the Construction of the road, either by depreciation in value or loss of business sustained during the building of the road and after its construction.</p> <p>2. Same—rights of pan-ties measm-ed by, in a suit on. In an action against a railroad company upon an ordinance of a town permitting it to lay its track on a street of the town, and providing for the payment of damages by the company to property owners, the parties will be governed and their rights measured by the ordinance, without reference to the constitutional provision in regard to compensation for property taken or damaged for corporate purposes, or to the common law on the subject, as announced in Moses v. P., Ft. W. and O. B. B. Co. 21 111. 516, and Murphy v. Chicago, 29 111. 279.</p> <p>3. Measure of damages—to property by construction of a railroad. In a suit under a town ordinance, providing for the payment of damages to property owners occasioned by constructing a railroad track, the difference in the value of the property caused by the construction of the road is the measure of damages, and this may be shown by a comparison of the sales of other property similarly situated before and after the construction of the road, or by the difference in its rental value, if held for the purpose of renting; but if not held for that purpose, then the difference in rental value would not be a criterion.</p> <p>4. Evidence—as to damage done to property by construction of a railroad. In a suit against a railroad upon an ordinance whereby it is