Trustees of Cincinnati So. R. Co. v. Hanks
| Decision Date | 21 June 1932 |
| Citation | 244 Ky. 618 |
| Parties | Trustees of Cincinnati Southern Railroad Company et al. v. Hanks. |
| Court | United States State Supreme Court — District of Kentucky |
1. Eminent Domain. — Measure of damages to property from passing trains held difference between fair market value when it became known tracks would be located alongside property and fair market value thereafter.
2. Railroads. — Whether residence and storehouse alongside railroad were damaged by smoke and jars from passing trains held for jury.
Facts disclosed that railroad formerly running some distance from residence and storehouse of plaintiff was reconstructed and placed alongside such property about 150 feet distant, and that passing trains jarred property and cast large quantities of soot, cinders, and smoke thereon, and that witnesses testified to market value of property before tracks were constructed and to its market value after such construction.
3. Eminent Domain. — Evidence sustained finding residence and storehouse alongside railroad were damaged to extent of $750 by jar, smoke, and soot from passing trains.
4. Appeal and Error. — Failure to exclude damages from smoke from passing train thrown on property by wind, from damages for jar, smoke, and soot sued for, held not prejudicial error.
Failure to exclude such item of damages from the total damages sued for was not prejudicial error, in view of fact that verdict allowed only $750 damages, and because little, if any, damage could be fairly attributable to force of wind alone, and because engines were near enough to throw, and did throw, cinders and smoke on the property in question.
Appeal from Jessamine Circuit Court.
R.L. BRONAUGH for appellants.
L. SAUNDERS for appellee.
Affirming.
This is an appeal from a judgment for $750 in favor of Sam Hanks for injuries to his property alleged to have been caused by soot, cinders, smoke, and jar from passing trains.
The situation disclosed by the evidence is this: Hanks owns a residence and storehouse at High Bridge, in Jessamine county. The railroad which formerly ran some distance from his property, was reconstructed in the year 1929, and its tracks were placed alongside of, and about 150 feet distant from, the property. Appellee and others testified that numerous trains passed each day, and they not only jarred his property, but cast thereon large quantities of soot, cinders, and smoke. Several witnesses testified that the market value of the property was depreciated by the operation of the railroad, and fixed the depreciation at from $500 to $2,500. As the injury was permanent, and only one recovery could be had, the court properly fixed the measure of damages as the difference, if...
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