Works v. Elgin, Joliet & Eastern Railway Co.

Citations

• 141 Ill. 491

Syllabus

<p>1. Eminent domain—mode prescribed by law for exercise of the power must be strictly pursued. The exercise of the right of eminent domain being in derogation of the common right of property, the mode prescribed for its exercise must be strictly pursued.</p> <p>2. Same—courts having jurisdiction. The several city courts of this State having concurrent jurisdiction with the circuit courts within the cities in which they are established, in all civil cases except appeals from justices of the peace, have jurisdiction in proceedings under the Eminent Domain law arising within the territorial limits of such cities. The practice in such city courts is the same as in circuit courts.</p> <p>3. Same—condemnation proceedings—elements of damage. In a proceeding to condemn a part of the defendant’s land for a railroad right of way, the court instructed the jury, that in cases of this kind, damages were recoverable by the owner for such injuries as depreciate the value of the property, when by taking a portion of it the portion left is rendered less useful,—in case of a corporate body, less capable of transacting its business; for such hindrance and inconvenience as occasion loss or diminish and limit its capabilities to transact its business, by decreasing its power to transact as much business, or by necessarily increasing the expense of what may be done, although not diminished, and the jury were told to consider all such matters. They were also told to take into consideration not only the value of the land taken, but all facts shown that contribute to produce damage, as, that the land a part of which is taken is put in a worse shape for use or for the purposes for which it was designed to be used; that some portions of it are more dangerous in consequence ; the damage from fire; the inconvenience of access to the balance of the property not taken; increased inconvenience of ingress and egress to and from the property, and all actual inconvenience and damages the property mi