St. Louis, Vandalia & Terre Haute Railroad v. Mollet

Citations

• 59 Ill. 235

Syllabus

<p>1. . Assessment of damaoes for right of way for a railroad—what are proper subjects therefor. All injuries which are appreciable, and which result to the owner of land from the construction of a railroad over the same, are legitimate subjects in the estimation of damages, in a proceeding for condemning the right of way.</p> <p>2. If fruit trees, which are upon the land taken, were not included in the damages for the land itself, they may properly be the subject of a separate assessment. The mode of assessment is immaterial, so that the damages are assessed fairly and truly.</p> <p>3. So, where ditching the adjacent land becomes necessary by reason of embankments thrown up for the road, the expense thereof is a proper element to be considered in assessing the damages.</p> <p>4. But cattle guards are not proper subjects for such an assessment, because they could enter into the estimate only on the hypothesis that the proprietor of the land may construct them, which he would have no right to do, except by permission of the company.</p>