Wabash, St. Louis & Pacific Railway Co. v. McDougall

Citations

• 126 Ill. 111
• 1 L.R.A. 207
• 18 N.E. 291
• 1888 Ill. LEXIS 874

Syllabus

<p>1. Eminent domain—measure of damages—as to land not taken. In an original proceeding to condemn land by a railway company for right, of way, the measure of damages to land not taken is the difference between the value of the land, as a whole, before and after the construction of the road, built according to the plan proposed.</p> <p>2. Same— subsequent damages—occasioned by a change in the plan of the construction of a railroad—as, the substitution of a trestle bridge for an embankment. If, after damages have been assessed in such case, or settled by agreement, a change in the plan of construction of the road is made, occasioning further damages, the owner may demand a new assessment as to such increased damages.</p> <p>3. On a proceeding to have damages assessed which are caused to land by a change in the construction of a railroad, there can be no recovery of damages growing out of a wrongful or negligent act of the railway company in making the change. In such case, the proper measure of damages is the increased or additional injury caused by the alteration.</p> <p>4. A railway company, after having made a change in the construction of its road, sought a further condemnation against a purchaser from the prior owner, who was not entitled to compensation for the original taking of land for right of way. The then owner claimed damages to adjoining lands on account of the change of the plan of the road, to avoid which claim, the petitioner, on the trial, offered-to prove that the change from an embankment to a trestle bridge, made nearly three years before, was but temporary, until such time as it could be ascertained, from the action of the water of a stream, and its effect, what change should be made,—whether back to the original plan or not,— which the court refused to admit: Held, that the proposed evidence was properly refused.</p> <p>5. In such case, the company having built a trestle bridge in the place where originally it had an embankment, which had been