CHAPTER CXCIII.

INJURIES TO PROPERTY.

7245 Injury to traction engine by collision.

7246. Damages from the death or injury of domestic animals.

tect foundation of adjoining 7247. Injury to horse not physical building.

7231. Damages to land by the negli- 7248. Injuries to animals from

§ 7228. General Rule.-Stated generally, the measure of damages for injuries to property, whether personal or real, is the depreciation in value caused by the injury,1 and if the property is totally destroyed by the injury, the proper measure of damages, of course, is the value of the property at the time of the injury.2

4

3

$7229. Permanent and Temporary Injuries to Land.-Where the injury to real estate is permanent, the damages may be assessed on the basis of a permanent depreciation of the value of the property, and the result is shown by the difference in the value of the land before the injury and its value immediately afterwards. The depreciation of value may be shown by evidence of the decrease in rental value consequent upon the injury. Where the injury is temporary and may be abated, the recovery is limited to the amount necessary to put the land in as good a condition as it was before the injury, and, in addition, compensation for any loss of use during the time it was rendered unfit for occupancy. If the injury is not permanent, damages for lost use and occupation can be recovered only for such a period as is reasonably sufficient to enable the plaintiff to effect repairs and replace the premises in their former condition; and in those cases where premises are rendered untenable in consequence of the injury, the loss of rents cannot be recovered unless specially alleged."

5

$7230. Failure of Excavator to Protect Foundation of Adjoining Building. Where a building is injured by the failure of a contractor of an adjoining excavation properly to protect the foundation of such building, the measure of damages is the actual damage to the property, together with compensation for the delay in its payment."

§7231. Damages to Land by the Negligent Construction of a Railroad.-The measure of damages for injuries to land caused by the negligent construction of a railroad over the land is the difference in the value of the land with the road constructed as it is and the value if it had been properly constructed. In determining this question,

Ill. 418; Toledo &c. R. Co. v. Johnston, 74 Ill. 83; North Vernon v. Voegler, 103 Ind. 314; s. c. 1 West. Rep. 566; Whipple v. Walpole, 10 N. H. 130; Barnard v. Poor, 21 Pick. (Mass.) 381; Atkinson v. Atlantic &c. R. Co., 63 Mo. 367; Chapman v. Chicago &c. R. Co., 26 Wis. 304; Ohio &c. R. Co. v. Trapp, 4 Ind. App. 69; s. c. 30 N. E. Rep. 812.

'Indiana &c. R. Co. v. Eberle, 110 Ind. 542; s. c. 9 West. Rep. 206; 11 N. E. Rep. 467; Columbus &c. R. Co. V. Gardner, 45 Ohio St. 309; s. c. 11 West. Rep. 264; 13 N. E. Rep. 69; Fort Worth &c. R. Co. v. Hogsett, 67 Tex. 685; s. c. 4 S. W. Rep. 365; Owens v. Missouri Pac. R. Co., 67 Tex. 679: s. c. 4 S. W. Rep. 593; Clark v. Ellithorpe, 7 Kan. App. 337; s. c. 51 Pac. Rep. 940.

'Jutte v. Hughes, 67 N. Y. 267.

5 Foncannon v. Kirksville, 88 Mo. App. 279; Nims v. Troy, 3 N. Y. Sup. Ct. (T. & C.) 5; Gulf &c. R. Co. v. Frederickson (Tex.), 19 S. W. Rep. 124.

Ludlow v. Yonkers, 43 Barb. (N. Y.) 493; Southern R. Co. v. Ward, 100 Ga. 793; s. c. 36 S. E. Rep. 78

(owner of pasture can recover use and occupation after fence is burned for such time only as would be reasonably necessary to replace the fence).

'Parker
(Mass.) 354.

8

V. Lowell, 11 Gray

Irvine v. Smith, 204 Pa. St. 58; s. c. 53 Atl. Rep. 510.

"Carson v. Norfolk &c. R. Co., 128 N. C. 95; s. c. 38 S. E. Rep. 287.

CHAPTER CXCIII.

INJURIES TO PROPERTY.

7245 Injury to traction engine by collision.

7246. Damages from the death or
injury of domestic animals.

tect foundation of adjoining 7247. Injury to horse not physical
building.
in its nature.

7231. Damages to land by the negli- 7248. Injuries to animals

§ 7228. General Rule.-Stated generally, the measure of damages for injuries to property, whether personal or real, is the depreciation in value caused by the injury,1 and if the property is totally destroyed by the injury, the proper measure of damages, of course, is the value of the property at the time of the injury.2

4

§ 7229. Permanent and Temporary Injuries to Land.-Where the injury to real estate is permanent, the damages may be assessed on the basis of a permanent depreciation of the value of the property, and the result is shown by the difference in the value of the land before the injury and its value immediately afterwards. The depreciation of value may be shown by evidence of the decrease in rental value consequent upon the injury. Where the injury is temporary and may be abated, the recovery is limited to the amount necessary to put the land in as good a condition as it was before the injury, and, in addition, compensation for any loss of use during the time it was rendered unfit for occupancy. If the injury is not permanent, damages for lost use and occupation can be recovered only for such a period as is reasonably sufficient to enable the plaintiff to effect repairs and replace the premises in their former condition; and in those cases where premises are rendered untenable in consequence of the injury, the loss of rents cannot be recovered unless specially alleged.'

§7230. Failure of Excavator to Protect Foundation of Adjoining Building. Where a building is injured by the failure of a contractor of an adjoining excavation properly to protect the foundation of such building, the measure of damages is the actual damage to the property, together with compensation for the delay in its payment.8

§ 7231. Damages to Land by the Negligent Construction of a Railroad. The measure of damages for injuries to land caused by the negligent construction of a railroad over the land is the difference in the value of the land with the road constructed as it is and the value if it had been properly constructed. In determining this question,

Ill. 418; Toledo &c. R. Co. v. Johnston, 74 Ill. 83; North Vernon v. Voegler, 103 Ind. 314; s. c. 1 West. Rep. 566; Whipple v. Walpole, 10 N. H. 130; Barnard v. Poor, 21 Pick. (Mass.) 381; Atkinson v. Atlantic &c. R. Co., 63 Mo. 367; Chapman v. Chicago &c. R. Co., 26 Wis. 304; Ohio &c. R. Co. v. Trapp, 4 Ind. App. 69; s. c. 30 N. E. Rep. 812.

'Indiana &c. R. Co. v. Eberle, 110 Ind. 542; s. c. 9 West. Rep. 206; 11 N. E. Rep. 467; Columbus &c. R. Co. v. Gardner, 45 Ohio St. 309; s. c. 11 West. Rep. 264; 13 N. E. Rep. 69; Fort Worth &c. R. Co. v. Hogsett, 67 Tex. 685; s. c. 4 S. W. Rep. 365; Owens v. Missouri Pac. R. Co., 67 Tex. 679: s. c. 4 S. W. Rep. 593; Clark v. Ellithorpe, 7 Kan. App. 337; s. c. 51 Pac. Rep. 940.

4

5

Jutte v. Hughes, 67 N. Y. 267.

Foncannon v. Kirksville, 88 Mo. App. 279; Nims v. Troy, 3 N. Y. Sup. Ct. (T. & C.) 5; Gulf &c. R. Co. v. Frederickson (Tex.), 19 S. W. Rep. 124.

Ludlow v. Yonkers, 43 Barb. (N. Y.) 493; Southern R. Co. v. Ward, 100 Ga. 793; s. c. 36 S. E. Rep. 78 (owner of pasture can recover use and occupation after fence is burned for such time only as would be reasonably necessary to replace the fence).

CHAPTER CXCIII.

INJURIES TO PROPERTY.

SECTION

7228. General rule.

7229. Permanent and temporary injuries to land.

7230. Failure of excavator to pro

SECTION

7245. Injury to traction engine by collision.

7246. Damages from the death or injury of domestic animals.

tect foundation of adjoining 7247. Injury to horse not physical building.

in its nature.

7231. Damages to land by the negli- 7248. Injuries to animals from

1

fright.

7249. Injuries to vessels.

7250. Further of injuries to vessels. 7251. Injuries to tow.

7252. Loss of time of employés through obstruction of

river.

7253. Injuries to nets by negligence of vessels.

7254. Break-down of county bridge. 7255. Damages for injuries by carrier to subject of shipment. 7256. Damages for delay of carrier. 7257. Damages to third person by negligence of carrier of goods.

7258. Where property has no general market value.

7259. Duty to minimize damages. 7260. Subrogation of insurer. 7261. Interest on damages.

§ 7228. General Rule.-Stated generally, the measure of damages for injuries to property, whether personal or real, is the depreciation in value caused by the injury, and if the property is totally destroyed by the injury, the proper measure of damages, of course, is the value of the property at the time of the injury.2

1 Cleland v. Thornton, 43 Cal. 437; Dixon v. Baker, 65 Ill. 518; Baltimore &c. R. Co. v. Perryman, 95 III. App. 199; Shelbyville &c. R. Co. v. Lewark, 4 Ind. 471; Gilbert v. Kennedy, 22 Mich. 117; Street v. Lau

mier, 34 Mo. 469; Ryan v. Lewis, 3
Hun (N. Y.) 429; Easterbrook v.
Erie R. Co., 51 Barb. (N. Y.) 94;
Jutte v. Hughes 67 N. Y. 267;
Hughes v. Quentin, 8 Car. & P. 703.

"Toledo &c. R. Co. v. Arnold, 43